| Commentary

42.1 Sub-contracting in general

| Commentary

42: SUB-CONTRACTING

(For precedents of clauses as to subcontracting, see Form 42.1 [1645] onwards.)

42.1 Sub-contracting in general

Sub-contracting occurs where a party to an agreement (the contractor) arranges for another person (the sub-contractor) to perform some or all of its obligations under the agreement but the contractor remains contractually bound to the other party to the agreement (the customer) to perform those obligations. In this context, the term ‘sub-contracting’ appears to be synonymous with ‘delegation’, although delegation can have a broader meaning (for example, the right of a board of directors to delegate authority to senior management). The word ‘delegation’ is

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