subcontract


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subcontract

the contract between a party and a main contractor who himself is contracted to another, often called the employer, albeit the contract is not one of employment in the contemporary colloquial sense. Subcontracts are very commonly found in building contracts. The employer contracts with the main contractor, who himself contracts for work to be done, like windows or floors, by others who can do so better or cheaper. A subcontractor maybe nominated by the employer. There are effectively and legally only two contracts, the subcontractor not being contractually bound to the employer. However, it is not uncommon for the employer to seek some form of contractual comfort from the subcontractor if his involvement is critical to the project. Standard forms govern many of the relationships between the parties. In one case it was held that a subcontractor could be held liable to an employer in tort or delict where the relationship was proximate, indeed, very like contract, a decision that, although doubted to the point of extinction in England, has not been overruled and has been followed elsewhere in the Commonwealth.
References in periodicals archive ?
Rather than balance the parties' interests in subcontracting on a case-by-case basis, the commission in HARTA decided that in all cases a public employer's interest in unilaterally deciding to subcontract outweighed the collective bargaining interests of public employees.
Another virus: Each subcontractor must include it in all of his subcontracts and purchase orders, and require those subcontractors and vendors to include it in theirs.
Subcontract 4: Transportation of slag, waste fuels, etc.
Work under this subcontract will be conducted at Vought facilities in Dallas, and at ATK facilities in Clearfield, Utah; Rocket Center, W.
2 did not preclude the subcontract itself from creating a contractual relationship between the owner and the subcontractor.
This new subcontract is a critical component for accomplishing this mission.
A subcontract is CAS-covered if the prime contract is CAS-covered and the subcontract does not meet any of the applicability exemptions.
Keith Brown, Transport Minister said, These significant subcontract opportunities mark the final steps prior to the construction of the Aberdeen Western Peripheral Route / Balmedie-Tipperty scheme.
Act or the Buy American Act at the subcontract level.
Specifically, GM will increase first- and second-level subcontract awards to minority and small disadvantaged firms by $1 billion; Ford will increase its contracts by 5900 million; and Chrysler will have an increase of $1 billion.
Ltd has been awarded a structural steel subcontract valuing S$168 million for works at Marina One, which is a mixed-use development located at Marina South, Singapore s new Central Business District.
Small businesses received 35% of subcontract dollars in fiscal 2002, the latest available.