2014Unpublished venueRequires access

Sub‐contractors and Suppliers

MacRoberts

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Abstract

Sub-Contractors and Suppliers in the Context of Construction Projects In construction projects it is common for the majority of the works to be carried out by sub-contractors. This chapter looks at the various types of sub-contractors and the issues surrounding them. It considers who will pay the sub-contractor, the relationship between the main contract and the sub-contract and the effect of incorporating the terms of the main contract into the sub-contract. Many issues surround the relationship between the employer and the sub-contractor. Therefore the chapter examines the doctrine of privity of contract and how the principle of jus quaesitum tertio would apply in the context of construction projects. It also looks at the employer's ability to sue sub-contractors directly under the law of negligence. Finally the chapter considers the distinction between materials supplied by a supplier and materials supplied under a sub-contract.

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Sub-Contractors and Suppliers in the Context of Construction Projects In construction projects it is common for the majority of the works to be carried out by sub-contractors. This chapter looks at the various types of sub-contractors and the issues surrounding them. It considers who will pay the sub-contractor, the relationship between the main contract and the sub-contract and the effect of incorporating the terms of the main contract into the sub-contract. Many issues surround the relationship between the employer and the sub-contractor. Therefore the chapter examines the doctrine of privity of contract and how the principle of jus quaesitum tertio would apply in the context of construction projects. It also looks at the employer's ability to sue sub-contractors directly under the law of negligence. Finally the chapter considers the distinction between materials supplied by a supplier and materials supplied under a sub-contract.

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Available abstract

Sub-Contractors and Suppliers in the Context of Construction Projects In construction projects it is common for the majority of the works to be carried out by sub-contractors. This chapter looks at the various types of sub-contractors and the issues surrounding them. It considers who will pay the sub-contractor, the relationship between the main contract and the sub-contract and the effect of incorporating the terms of the main contract into the sub-contract. Many issues surround the relationship between the employer and the sub-contractor. Therefore the chapter examines the doctrine of privity of contract and how the principle of jus quaesitum tertio would apply in the context of construction projects. It also looks at the employer's ability to sue sub-contractors directly under the law of negligence. Finally the chapter considers the distinction between materials supplied by a supplier and materials supplied under a sub-contract.

Key concepts: Privity of contract, Construction contract, Business, Contract management, Context (archaeology), Doctrine, Force majeure, Construction industry

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