Bill payment
Raj
(Querist) 20 February 2015
This query is : Resolved
Dear All,
My company got work order for construction job through Main contractor for working under Govt agency.Our company worked in the premises of govt agency under the control of main contractor and govt employees. Now our client i.e main contractor is not paying our company dues after repeated request even we forwarded letter to govt agency for the same. Now both agency is not paying any attention to release our dues. Kindly i request you all to guide us how to file case in the court against main contractor and govt agency for the same.
Thanks
Raj
Guest
(Expert) 20 February 2015
Dear Raj,
Depends upon the terms of agreement and also whether with the contractor, as a sub-contractor, or the Government office. Several complications of sub-contract may have to be examined.
So, some definite opinion can be possible to be formed after thorough examination and analysis of your contract related papers.
Much more information may also be needed in addition to the contractual documents get appropriate linkage with dues of your bills to make the contractor liable directly or through the concerned Government office, i.e., certification in the MBs, contractor agreement with the Government office with specific reference to the provision, if any made for sub-contract in the main agreement with the Government office, etc..
Raj
(Querist) 20 February 2015
Thanks for answering my queries. My main contractor issued us work order on his letter head and we worked for him for 01 year. we received payment but not on time and also they did not complied with the work order terms and conditions. our last bill payment they paid us 50% of the payment but remaining 50% they are not paying us. whatever payment is made us till so far after the sanctioned from govt agency and now they are not paying us our 50% balance payment and also they did not allowed us to take final MB from govt agency but they claimed from govt agency directly without involving us for the same. Only we are the sub contractor for them who worked on the premises of the govt agency.
1- We forwarded letter to govt agency informing that only we were the sub contractor for their main contractor which they claimed for the payment.
2-Govt agency is not answering our letters and also they are pressuring to main contractor to resolve the issues.
3- We are going to file the case against main contractors and also Govt agency.
Kindly request whether we are in right directions or we have to take any other options. pls guide us.
Thanks
Raj
ajay sethi
(Expert) 21 February 2015
issue legal notice to main contractor . file summary suit to recover your dues
malipeddi jaggarao
(Expert) 21 February 2015
All your rights as sub-contractor are governed by the agreement between you and the main contractor. Unless the contents are known, no advice is worth for you.
Raj
(Querist) 21 February 2015
Dear All,
My Main contractor situated in Gujarat and Principal employer is situated in Tamil Nadu where we worked and as a sub contractor we are located in Maharashtra. Can we file the case in court in Maharashtra.
Raj
(Querist) 21 February 2015
Dear All,
My Main contractor situated in Gujarat and Principal employer is situated in Tamil Nadu where we worked and as a sub contractor we are located in Maharashtra. Can we file the case in court in Maharashtra. Please guide us.
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Whatever remedies or reliefs you have been denied is lying with the main contractor alone and not with the government agency since they have not employed you. You must go through the terms and conditions made with the main contractor for the purpose and proceed legally against him. The jurisdictional clauses will also be mentioned in the T and C itself. Take the help of a local lawyer, consult, discuss and proceed as per the advises received.
Rajendra K Goyal
(Expert) 23 February 2015
Consult local lawyer dealing in the subject and discuss.
