| Commentary

135 Vicarious performance

| Commentary

K: SUB-CONTRACTS

1: SUB-CONTRACTS: GENERAL

135 Vicarious performance

Although a contracting party may not, without the consent of the other party, divest himself of his contractual obligations by transferring them to a third party1, he is generally entitled to arrange for those obligations to be performed on his behalf by someone else, while remaining liable for any defect in such performance2. However, delegation of this kind may be expressly or impliedly prohibited by the contract, in which case the employer, unless he knowingly acquiesces in vicarious performance3, is not bound to accept it.

Modern construction contracts usually expressly prohibit the contractor from sub-contracting

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