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Subcontractor example The contractor is responsible to the client for the building job including the part performed by the subcontractor. Subcontractors might work on task-based contracts with no fixed date, long-term arrangements which can be discontinued at any time, or fixed-term contracts.
To summarise, a client is not obliged or entitled to directly pay a sub-contractor for works carried out on a project as there is no direct contractual relationship between the two parties (unless a collateral warranty between the two parties is present).
The main issues that should be in a subcontractor agreement are licensing, job and payment, timing, and defense and indemnification.Licensing.Scope of Work and Payment.Timing.Defense and Indemnification.
What is subcontracting? A subcontractor is a party which agrees to perform part or all of the obligations of another party (main contractor) under a separate contract (master contract) with the ultimate employer (employer).
A direct payment clause says that if you have paid the main contractor for work done by subcontractors and your money is not passed on to them, you can pay the subcontractor directly and deduct the payment from any other monies due to the main contractor.