| Commentary

137 Sub-contract terms

| Commentary

2: RELATIONSHIP BETWEEN CONTRACTOR AND SUB-CONTRACTOR

137 Sub-contract terms

The mutual rights and obligations of the contractor and the sub-contractor depend upon the terms of the contract between them1. Notwithstanding the availability of various standard forms2, many sub-contracts are entered into on an extremely informal basis. In the absence of a formal contract, there may be evidence to show that the parties intended to incorporate the terms of a recognised standard-form sub-contract3. Where this is not so, the relationship of the parties is governed by such terms as the court is willing to imply4. In particular, it is implied that the

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