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 ?
Categories: October 29, 2010, Competition, Conflict of interests, Contract administration, Contract oversight, Contract performance, Decision making, Defense industry, Defense procurement, Department of Defense contractors, Prime contractors, Prime contracts, Prioritizing, Schedule slippages, Subcontractors, Subcontracts, Systems integration, Weapons systems
These subcontracts will significantly enhance the space enterprise community within California.
B) a subcontractor performing any cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable subcontract or any combination of such subcontracts under a contract referred to in subparagraph (A).
Integrated Baseline Reviews (IBRs) shall be required whenever EVM (compliance with ANSI/EIA-748) is required, that is, for cost or incentive contracts, subcontracts, intra-government work agreements, and other agreements valued at or greater than $20 million in then-year dollars.
Having confirmation in writing of subcontract quotations is important because the terms of subcontracts are usually more complex than contracts for the purchase of materials.
Within the management rights provision of the predecessor contract was a clause that limited the employer's right to subcontract to only newly created positions.
Again, there are impeccably detailed record-keeping requirements, including, most notably, "the reason for such decision" when any of the required discussions with MBEs and WBEs fails to result in a joint venture, partnership, or subcontract.
Finally, mandatory obligations could be enacted to make it obligatory for large enterprises, particularly those in the public sector, to subcontract part of their work out to small industrial enterprises.
Both the general contract and the subcontract incorporated the American Institute of Architects' General Conditions (1976 ed.
The tranche is in addition to over Au121 million of subcontracts advertised since August 2014, including drainage works, equipment and plant hire, earthworks, rock crushing and steel reinforcement and screening.
of Huntsville, Alabama, protests the decision of Battelle Memorial Institute (Battelle), Pacific Northwest Division, of Richland, Washington, a prime contractor with the Department of Energy (DOE), not to award it a subcontract under request for proposals (RFP) No.