Commentary

42.2 Drafting points—sub-contracting

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

42.2 Drafting points—sub-contracting

| Commentary

42.2 Drafting points—sub-contracting

In complex or high-value contracts the parties may wish to consider whether, in the circumstances, it is appropriate to allow one or more parties to sub-contract or delegate their obligations. For example, if there is confidential information involved, it might not be appropriate for this to be passed on to a sub-contractor. The following may also need consideration:

  1. (a)

        On what terms will one party give permission to another to sub-contract?

    1. (i)

          will there be a general provision allowing one party to sub-contract; or

    2. (ii)

          will there be a provision which specifies particular tasks and/or obligations which

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