• Non payment of work completed by us

We had completed building work of cpwd through main contractor but he has not given payment & now he is not reachable & not lifting the phone call,please suggest what to do.
Asked 4 years ago in Business Law

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14 Answers

Hello,

Please tell the facts in detail.

You two entered into a MoU?

You have completed the government work or some private project?

Please share all the details then only a concrete advise can be rendered.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1)issue legal notice to contractor to pay your outstanding dues with interest

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Send a legal notice to the main contractor calling upon him to forthwith release your payment.

File a recovery suit in case he fails to comply with the LN.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Send a legal notice to them and thereafter you have the remedy of filing a civil suit for recovery of the money from Krishna Construction.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once quotation is approved it is binding upon the contractor

2) send him reminders to release payment

3) if he fails to pay act as advised herein above

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir as an operational creditor serve the demand notice to the company(contractor ) for payment of the debts in 15 days if they fails institute a insolvency petition before the Jurisdictional NCLT. This is most effective and fast way to recover you debts,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Get in touch with the Corporate lawyer to serve the demand notice under the Insolvency and Bankruptcy Code.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Inform the CPWD regarding this misdoing of the main contractor.

Issue a legal notice to the main contractor as already advised.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) One should have made sub contract regarding this before working with Krishna Construction. Now you can make complaint against him under section 420 of IPC and try to make complaint in consumer forum.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

For instance a complaint in the labour court can be filed for non-payment of salary, incentives, severance pay and for any other allowance. A case against an contractor can also be filed before the civil court

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You should server legal notice to the contractor to make the entire payment along with interest within 15 days of the receipt of the legal notice.

If he fails to do so, you can file a suit for recovery against him in Civil Court to recover your entire dues.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If after receiving the legal notice the main contractor fails to clear your account you would also have an option of filing an insolvency petition in NCLT as an operational creditor in order to recover your money which would be the fastest way to recover your money as cases are tried in a time bound manner in NCLT.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If you have the evidences for the sub contract and the payment details including any agreement between you and the main contractor, you may first issue a legal demand notice, let it be returned undelivered.

you may lodge a criminal complaint with the police for the offences of breach of trust, cheating etc., obtain an acknowledgment for this complaint.

After that you may file a money recovery suit in the civil court on the basis of all the documentary evidences in your support for this claim.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You are concerned about your contractual work alone hence concentrate on your own dues.

You can approach the issue legally by first issuing a legal notice to the contractor and then drag him to legal forums as suggested.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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