Mercenaries and Private Military Contractors

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Contracting for Stability: The Potential Use of Private Military Contractors as a United Nations Rapid-Reaction Force

Contracting for Stability: The Potential Use of Private Military Contractors as a United Nations Rapid-Reaction Force

(Feb. 12, 2002), available at http://www.globalsecurity.org/military/library/report/2002/ mercenaries.pdf [hereinafter U.K. Green Paper] (quoting the January 1999 U.N. Special Rapporteur report to the Commission on Human Rights). The General Assembly, moreover, has passed more than 100 resolutions touching upon the topic of mercenaries since the late 1960s, many of which equate mercenaries to international criminals. This has fostered institutional hostility towards considering the positive uses of private military forces, despite the rather narrow focus of the General Assembly on the threat private actors pose to nations seeking self- determination. See Sarah Percy, The Security Council and the Use of Private Force, in T HE U NITED
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The Privatisation of Violence: An Examination of Private Military and Security Contractors and Their Effect on Sovereignty and Fundamental Rights in a Globalised World

The Privatisation of Violence: An Examination of Private Military and Security Contractors and Their Effect on Sovereignty and Fundamental Rights in a Globalised World

Early societies, therefore, present a series of notable trends in discovering the relationship between coercive violence and power. The authoritarian nature of both the Egyptian and late Roman societies coincided with the use of a private external force in order to maintain control. In both of these societies, these external actors were relied upon as the local population were considered dangerous to the sovereign’s power. Ancient Rome is particularly instructive, within Rome German guards were employed to protect the Emperor, while in the Empire Roman citizens were considered suitable to compel the local population's obedience. The reliance upon external actors to violently enforce the submission of their population indicates that within this societies power was applied with force from the top down. In effect, both Egypt and the Roman Empire were controlled through tyranny. In comparison, Greece, which retained an early form of democratic and accountable leadership, sought to limit the influence of coercive violence within the state, with popular will taking precedence over coercion. Externally, there appears to be similarities between all three societies including a heavy reliance on mercenaries in both defence against external enemies and in geographical expansion . However, there remains a slight difference between Greece and Roma/Egypt. Both Rome and Egypt attempted to maintain a citizen army. For the Egyptians, this was based upon a hierarchical duty, though ultimately this proved insufficient as personal loyalty
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Private Military Companies and military reform: a case study of DynCorp in Liberia and MPRI in Bosnia and Herzegovina

Private Military Companies and military reform: a case study of DynCorp in Liberia and MPRI in Bosnia and Herzegovina

government with a complete navy (…) and most famously, Count Albrecht von Wallenstein, who through the military business became the wealthiest man in all of Europe’ (2003, p.28). The turning point in the history of the privatized warfare was the Thirty Years War (1618- 1648). Nearly the entire war, which had been one of great bloodshed, was fought by mercenary units. With the Peace of Westphalia however, national sovereign borders were established and mercenaries were replaced by national armies consisting of citizens. With the rise of patriotism came the decline of mercenarism. One interesting instance of the use of mercenaries after the emergence of the nation state, was the use of mercenaries by the British East India Company and the Dutch East India Company, both of whom retained an army of mercenaries of 100.000 and 25.000 respectively (Singer, 2003). Although mercenaries did not disappear altogether, the market for military services kept progressing into a more professional fashion. In the late 1800s, universal conventions prescribed legislation for the prohibition of hiring foreign forces, criminalizing the mercenary profession. Mercenaries are however certainly not extinct, yet they do no longer play a key role in the international system. During the 1950s and 1960s, some private groups were employed in the de-colonization aftermath. Fighting for the former imperial rulers, individuals such as ‘Dublin-born ‘Mad’ Mike Hoare, Frenchman Bob Denard and Belgian Jean Schramme – nicknamed (…), the ‘terrible ones’ (Shearer, 2008, p.15) led rebels in their fight against UN peace-enforcers in the Congo. With strong linkages to the South African apartheid regime, these private units became a symbol of racism and oppression. This brief overview of the history of privatized warfare, which has broadly focussed on the West, demonstrates that the use of private entities or contractors in warfare is not a new phenomenon. According to Herbst, ‘the private provision of violence was a routine aspect of international relations before the twentieth century’ (1997, p. 117). Hence, this sense of violence as an exclusive trait of the nation state is historically deviant (O’Brien, 2008a). Nonetheless, the current international system is dominated by the sovereignty of the nation state and it is under these circumstances that the corporatization of military services took on a whole new dimension.
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Mercenaries and the state: how the hybridisation of the armed forces is changing the face of national security

Mercenaries and the state: how the hybridisation of the armed forces is changing the face of national security

of 2004 as foreign opponents to the occupation flocked into Iraq from neighbouring countries. An organised insurgency, allegedly led by Abu Musab al- Zarqawi encouraged the targeting of Iraqi civilians and security forces with a series of massive bombings. This campaign of violence was meant to challenge the authority of the new transitional government and to demoralise Iraqi security forces and citizens. Concomitantly, a nationalist and Islamist Sunni insurgency and the Shia Mahdi Army also launched attacks on the coalition in an effort to force them out of the country. The widespread reach and planning of the attacks suggested an insurgent coordination against occupying forces. The coalition responded with a military counteroffensive, hunting down former leaders, and began the political handover of the country from the transitional Coalition Provisional Authority to an Iraqi government, with elections taking place in January 2005. A total of 140 U.S. soldiers were killed during the invasion of Iraq, whereas 93% of all U.S. military casualties took place in the insurgency that followed 48 . The U.S. army lost a further 849 soldiers in 2004, 823 soldiers in 2006, and reached an all-time high in 2007 with the death of 904 soldiers 49 . While the counterinsurgency effort proved successful, in 2007, sectarian violence between the Shi’a majority and the Sunnis began to tear the country apart, undermining the peace and reconstruction efforts of the Allies. Shi’a militia groups began to exert vigilante justice through zealous death squads 50 while Sunni insurgents affiliated with Al Qaeda targeted Shi’a religious sites. The Al- Aksari Mosque bomb attacks by Sunni rebels in 2006 and 2007 sparked a spiral of violence as both sides increasingly targeted civilians and religious sites. The civil war further discredited the Allies’ ability to restore the country, with the ongoing hostilities pushing 1,7 million refugees out of the country and forcing another 1,3 million persons into internal displacement by 2011 51 . The continued violence also slowed down reconstruction efforts as aid workers, private individuals and contractors were targeted by insurgents who used terror tactics
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Outsourcing the responsibility to protect: humanitarian intervention and private military and security companies

Outsourcing the responsibility to protect: humanitarian intervention and private military and security companies

In response, it is important to note that PMSCs have already been employed for humanitarian intervention in all three roles. To name a few examples, the AU Mission in Sudan was supported by Pacific A&E and Medical Support Solutions, who provided transportation, as well as logistical and communication services (funded partly by the US State Department) (Holmqvist, 2005: 18). Pacific A&E was also employed to provide logistical support for UN missions in the DR Congo and Sierra Leone (Foreign and Commonwealth Office, 2002: 19; Ghebali, 2006: 224) and, in 2007, were awarded a $250 million contract for the estab- lishment and provision of camps for UNAMID in Darfur. In East Timor, DynCorp provided transport and communications and Defence Systems Limited supplied both logistical support and intelligence services for the UN-sanctioned force (Bures, 2005: 538). Most notably, in 1995, after the Revolutionary United Front (RUF) had slaughtered, raped, and maimed thousands, the government of Sierra Leone employed Executive Out- comes. Given their military superiority, Executive Outcomes were able to successfully lift the siege of Freetown and destroy the RUF’s headquarters (ICISS, 2001b: 105). 15 Admittedly, the current level of political opposi- tion and the disbandment of Executive Outcomes (as well as Sandline International) mean that private companies are less likely to be employed in roles that involve direct combat operations in the near future. But in the third role, which does not involve direct combat operations, PMSCs are a potential policy option to boost intervention capacity. Indeed, most pre- vious involvements of PMSCs in humanitarian intervention have been in this role.
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The Impact of Mercenaries and Private Military and Security Companies on Civil War Severity between 1946 and 2002

The Impact of Mercenaries and Private Military and Security Companies on Civil War Severity between 1946 and 2002

Admittedly, this differentiation is a broad stroke. However, the coding rests on assumptions widely shared in the literature. The first assumption is that ad-hoc mercenary groups were more dominant than PMSCs in civil wars during the Cold War. This is indicated by Kevin O’Brian, who claims that the “overwhelming majority of all … private military operations in Africa was characterized by ad-hoc groupings of former soldiers” (O'Brian, 2000:48). Anthony Mockler’s, and Burchett’s and Roebuck’s analysis of the mercenary phenomenon in the 1960s and 70s support this claim indirectly. Both studies corroborate the presence of mercenaries in civil wars, yet neither analysis mentions any corporations providing combat services (Burchett and Roebuck 1977, Mockler, 1985). This is not to say that PMSCs were not in business during the Cold War. Already during the 1960s and 1970s a tiny PMSC industry existed, dominated by British firms (O'Brian 2000:46). However, while these firms provided security-related services, military and security consultancy, training, commercial investigations and risk assessment, they did not (or rarely did) engage in combat (Kinsey 2006:47,51). The U.K. parliament’s Green paper provides further support for this perspective. Indeed, prior to 1989 PMSC and mercenary were involved in twelve conflicts. However, only mercenaries were reported to have participated directly in combat (Foreign and Commonwealth Office 2002:28-38).
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Incorporating Private Military/Security Companies to Peace Operations. Çağlar Kurç

Incorporating Private Military/Security Companies to Peace Operations. Çağlar Kurç

Peacekeeping forces are deployed to monitor the peace agreement and prevent any parties to break it however, in reality this is rarely realized. Sadly, the UN force becomes a bystander to eruption of hostilities. Despite, the United Nations is well aware of these problems, their state-centric approach do not yield in any significant solution. On the other hand, the possible solution to these problems already exists: Private Military/Security Companies (PMSCs). Since the UN DPKO perceives the PMSCs as profit- seeking mercenaries, they never think of hiring them, although NGOs and some of the UN agencies are hiring PMSCs for their security in the conflict zones. PMSCs can be incorporated in peace operations, first as a force multiplier to existing peacekeeping force and the next taking on peace operations as a consortium of PMSCs. Thus, the problem of control can be solved through contracts. Therefore, the aim of this article is to find out why the UN refuses to use PMSCs, what would be the impact of PMSCs in peace operations and how PMSCs can be incorporated in peace operations.
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The political, legal and military implications of outsourcing to private military companies. Egmont Security Policy Brief No. 15, November 2010

The political, legal and military implications of outsourcing to private military companies. Egmont Security Policy Brief No. 15, November 2010

in 2006: “Counterinsurgents that use excessive force to limit near term risk alienate the local populace. They deprive themselves of support or tolerance of the people. This situation is what insurgents want. It increases the threat they pose.” Analysis of the Congressional hearings further reveals that Blackwater and other companies conducted their missions in ways totally opposed to the highest military commander’s intent (coincidentally, General Petraeus at the time) without reneging their contractual obligations. The fact that contractors in the Area of Operations are not under direct control of the military command obviously goes against one of the first principles of military operations — unity of command — and is therefore not only inefficient and dangerous, but unacceptable, if executive accountability is to be achieved at any rate.
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Differences in accountability types affecting Public Military and Private Military Actors. The cases of the Haditha Killings and Nisour Square Killings

Differences in accountability types affecting Public Military and Private Military Actors. The cases of the Haditha Killings and Nisour Square Killings

45 Nuri Kamal al-Maliki, expressed his anger over the deaths. In turn, in order to diffuse the situation, Secretary of State Condoleezza Rice planned to contact the prime minister to express her regret of the incident and announce a formal investigation (Tavernise, 2007). The State Department started an investigation assisted by the U.S.-led coalition in Iraq. Representative Janice Schakowski pushed for legislation that forced the Pentagon and State Department to provide account on their dealings with security contractors. Additionally, due to the U.S.-Iraq relation being severely strained by the incident, Iraq wanted to ban Blackwater. The chairman of the House Oversight and Government Reform Committee Henry Waxman pointed out that renewing the contract for at least another year was a mistake. Patrick F. Kennedy, the undersecretary of state for management commented that the U.S. could not operate without private security firms (Risen, 2008). The Blackwater contract was not cancelled. In relation to the case, State Department Inspector General Howard J. Krongard resigned from his position after his department accused him of thwarting investigations. This happened after having recused himself from the Blackwater investigation over claims of conflict of interest, as his brother recently joined the Blackwater board of advisory (Richter, 2007). Shortly after the Nisour Square event, the assistant Secretary of State for diplomatic security resigned, leaving the contract with Blackwater in Iraq unmodified in place (Zielbauer & Glanz, 2007). In December 2010, Blackwater, then renamed to Xe, sought the dismissal of the lawsuit as it claimed the U.S. government should be the ones that were accountable for the shooting in 2007 (Breen, 2010). Also important to mention is the fact that the founder and director of Blackwater, Erik Prince, was never prosecuted or convicted (i.e. never officially held accountable) for the murder of Iraqi civilians in the Nisour Square incident. Prince said his contractors were just following the rules dictated to them by the State Department, which he said stipulated that his guys had to drive "washed and waxed Chevy Suburbans between point A and point B every day with lights and sirens on" (Hsu & Martin, 2015). The above makes clear that the accountability type (i.e. political accountability) was at play considering the actions and decisions of the private military actor Blackwater.
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Exploring the Necessity of Private Military Companies in the Fight against Insurgency in Nigeria

Exploring the Necessity of Private Military Companies in the Fight against Insurgency in Nigeria

destruction to wit, explosives, biological, radiological and nuclear weapons have continued to energize and sustain the sect. Boko Haran appears to have unhindered support in form of manpower, material, fund, intelligence, arms and ammunitions at the domestic and International levels. By contrast, Nigerian soldiers, particularly in the northeast, reportedly suffer from low morale, struggling to keep pace with a sect that is increasingly well-armed and trained. By many accounts troops are not adequately resourced or equipped despite humongous security bu dget.Third, corruption cannot be insulated from this conflict. Corruption has eaten deep into the Nigerian society permeating all sectors of the economy. Resources budgeted for the military to fight insurgency are wantonly plundered with impunity and without consequence. As a result, the armed forces are left to fight without adequate arms, logistics, motivation and inspiration. Besides, unemployment is a potent force and circumstance for terrorist activities to spring up. This has become a grave problem in the country and has led to redundancy of our educated youths thereby eliciting frustration and encouraging involvement in activities that are injurious to the society. Closely related to this is the problem of poverty. The cruelsequence of poverty continues to devastate the Nigerian society to the extent that majority of the citizens cannot afford three square meals per day.Thus, among the various dynamics limiting the government’s response to Boko Haram are a lack of coordination and cooperation between Nigerian security agencies; corruption; unemployment; poverty; misallocation of resources; limited requisite databases; the slow pace of the judicial system; and lack of sufficient training for prosecutors and judges to implement anti-terrorism laws.
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Reframing the anti-mercenary norm: Private military and security companies and mercenarism

Reframing the anti-mercenary norm: Private military and security companies and mercenarism

Many have pointed to how the current context blurs the boundaries between offensive and defensive force. Indeed, the two might be difficult to differentiate, but nevertheless, a distinction is not totally random. Protecting a convoy is significantly different from special operational forces conducting a nighttime raid on potential insurgents. While the latter takes the initiative to the enemy, the former does not. The constraining power of the differentiation is also indicated by the fact that companies currently are only employed for explicitly protective tasks, and their tactics aim at getting away from the fight or pushing back an attacker. Against this backdrop, it seems rather unlikely that firms will take over fully-fledged combat operations anytime soon. Nonetheless, recent developments underscore once again that notions of legitimacy are not set in stone, but subject to change. In the UK and UN debates, combat actions by private actors in support of UN missions or humanitarian interventions were considered legitimate; moreover, some firms already make the case for deploying larger contingents for peacekeeping missions, though currently with little success. 98 Private actors are also
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Mercenaries and mercenarism have been debated for a very long time. While there is a

Mercenaries and mercenarism have been debated for a very long time. While there is a

Security services furnished outside of situations of armed conflict are therefore not covered by international humanitarian law, but are obviously directly relevant in the present context, where private security companies provide training of military personnel, the delivery of arms, training in the handling of high-technology weapons, contributions to police operations, and the like. The fact that there is no article on mercenaries in Protocol II of 1977 is actually of no great significance, in view of the purpose of the provision in Protocol I. The aim of Article 47 of Protocol I is to discourage mercenarism by penalising mercenaries, that is, by denying them the protection enjoyed by prisoners of war. In an international conflict, as already mentioned, prisoners of war can be held during the conflict for purposes of ‘neutralisation’, but cannot be convicted merely on the basis of having taken part in the conflict. There is no such immunity for combatants captured in an internal conflict, the context within which most modern mercenaries operate.
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Enforcement of international law obligations concerning private military security corporations

Enforcement of international law obligations concerning private military security corporations

The increasing use of PMSCs within the international order, particularly since the Afghanistan and latest Iraq wars, has prompted considerable attention in this area. The UN Human Rights Office of the High Commissioner for Human Rights set up the Open-ended Intergovernmental Working Group on Private Military and Security Companies (‘IWG on PMSCs’) to consider the possibility of elaborating an international regulatory framework for the activities of PMSCs. 11 The aim is to provide a draft UN Convention, to address the behaviour of both states and PMSCs. 12 Alongside, and somewhat in the alternative, the Swiss International Committee for the Red Cross (ICRC) activated discussions with seventeen states that resulted in the 2008 Montreux Document 2008. 13 This document restates existing pertinent hard law obligations, in treaty and custom, as well as soft law codes of practice as they relate to PMSCs. 14 It does not engage with the theoretical or ideological questions surrounding the use of PMSCs, but rather pragmatically focuses on the obligations of contracting, territorial, and home states. Subsequently, in 2010, the Geneva Centre for the Democratic Control of Armed Forces (‘DCAF’) produced an International Code of Conduct (‘ICoC’). 15 The ICoC is a ‘soft law’
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The Control of Contractors

The Control of Contractors

Contractors should take suitable and sufficient steps to prevent materials or objects falling onto any person. In situations where it is not reasonably practicable to prevent materials or objects falling, suitable and sufficient steps must be taken to protect any person being hit by such an object (for example, where overhead work is being undertaken the area will be designated a ‘Head Protection Zone’ ground level areas must be classed as safety exclusion zones and suitable barriers and warning signs posted).

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Artisan Contractors General Liability Contractors Equipment Program

Artisan Contractors General Liability Contractors Equipment Program

Service & Repair and/or Commercial Only Premium Credit NOT available for this class.. Carpet-Upholstery.[r]

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United States Foreign Policy and the Utilisation of Private Military and Security Companies in Colombia

United States Foreign Policy and the Utilisation of Private Military and Security Companies in Colombia

Though these aforementioned forms of privatised violence do formally operate independently from mechanisms of State control, they could theoretically be used to directly challenge the authority and sovereignty of a State in a very physical sense, this is partly what I intend to address in this paper through an assessment of this in reference to the United States. What is important with regards to this issue, particularly within the context of the US and this paper is that the US appears to be utilising privatised forces as a means of indirectly extending and expanding its own reach and capability rather than instead falling victim to a situation whereby privatised forces seek to limit and challenge its position internationally. Arguably, this process of a shift in military and security services from the state level to the private sector has taken place to the extent that this recent proliferation of privatised and profit-driven military and security actors such as PMSCs marks a clear shift in the modern conceptualisation and delivery of security which does not involve the state as the only unitary actor (Tonkin,2011:2).This phenomenon is perhaps best exemplified by the US because it has increasingly made use of PMSCs in efforts to advance and project its foreign policies throughout the globe via policies such as the War’s against drugs and terror. Washington’s longstanding intervention in Colombia where upon PMSCs have been utilised extensively to advance and safeguard its interests in lieu of conventional military forces represents an excellent example of this phenomenon and stands as a reason underpinning the further incorporation and entrenchment of privatised forms of organised violence into the United States position internationally.
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Private military and security companies : options for regulation under human rights law

Private military and security companies : options for regulation under human rights law

the U.S.A. relating to the human rights obligations during military and security operations. See Shadi Mokhtari, After Abu Ghraib: Exploring Human Rights in America and the Middle East (Cambridge: Cambridge University Press, 2011). Accordingly several legal scholars started to Robert McCorquodale and Renelope Simons, ‘Responsibility Beyond Borders: State Responsibility for Extraterritorial Violations by Corporations of International Human Rights Law’ [2007] 70(4) The Modern Law Review 598; Joshua L. Pratel, The Torture Papers: The Road to Abu Ghraib (Cambridge: Cambridge University Press, 2005), p. 383; Michelle Brown, ‘Setting the Conditions for Abu Ghraib: The Prison Nation Abroad’ [2005] 57(3) American Quarterly, p. 973; Jordan Paust, ‘Abuse of Iraqi Detainees at Abu Ghraib: Will Prosecution and Cashiering of a Few Soldiers Comply with the International Law?’ (May 10, 2004) Jurist, < http://www.jurist.org/forum/paust1.php> accessed on May 2016; See also Iraq Prison Abuse Scandal – Fast Facts. (2014) CNN Library. Retrieved from http://edition.cnn.com/2013/10/30/world/meast/iraq-prison-abuse-scandal-fast-facts/. A military investigation, which resulted in the publication of a report titled ‘’Tabuga Report’’, explicitly indicated the extensive sexual abuse and humiliating treatment of detainees by private contractors. See The ‘Tabuga Report’ On Treatment of Abu Ghraib Prisoners in Iraq, Article 15-6 Investigation of the 800 th Military Police Brigade, Part One: Detainee
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Contractors Association

Contractors Association

There is limited, but not significant, overlap between this trade and the Sheet Metal Worker trade, which is also a compulsory trade. The overlap is not material to ratio policy. As a general principle, Sheet Metal Workers install the air distribution portion of an HVAC system whereas Refrigeration and Air-Conditioning Mechanics are engaged primarily in the installation of the heating and cooling machinery. As a practical matter the scope of practice of the Refrigeration and Air-Conditioning Systems Mechanic trade is well understood in industry and reflects the organization of construction, maintenance and repair work across specialized trade contractors.
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Partnering between main contractors and sub-contractors in construction projects

Partnering between main contractors and sub-contractors in construction projects

Malaysian construction industry is also very competitive with many available domestic sub-contractors and the competitive tendering system fosters discrete transactional relationship with financial benefits. As a result, business relationships between both parties are heavily based on narrow short term interest where price is often the main issue and indicator to do business. Problems may arise between the main contractor and the subcontractors in the course of their relationship since the main contractor takes all the major decisions pertaining to the project (Chong, JF, 2006). Tensions between the main contractor and a sub-contractor may also arise due to one or a combination of various reasons, namely, master and slave syndrome, poor communication, lack of trust, conflict of information on site. Of course, this would lead to deterioration in overall project management, poor final product quality, cost and time overrun, and other conflicts. Because of the competitive tendering system it is difficult to introduce partnering between main contractors and domestic sub-contractor although such arrangements could promote project success, production efficiency, trust, commitment, shared risks and possibility of future business interactions.
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Tennessee Contractors

Tennessee Contractors

Contractors must list all their licensing information on the outside of the bid envelope, including their sub- contractor’s license information (electrical, mechanical, plumbing and HVAC) or risk having the bid rejected. For more information, please review section TCA 62-6-119 in your law book.

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