139 Defaults of sub-contractor1In the absence of privity of contract between them, a sub-contractor is not directly liable to the employer for failing to comply with the terms of the sub-contract. However, nominated sub-contractors and suppliers frequently enter into direct contractual agreements with the employer2, and the courts may infer a warranty by a sub-contractor or supplier out of the negotiations leading to nomination3.A sub-contractor who negligently causes physical damage to the employer’s property (excluding the contract works) may be liable to the employer in the tort of negligence, although the allocation of
In the absence of privity of contract between them, a sub-contractor is not directly liable to the employer for failing to comply with the terms of the sub-contract. However, nominated sub-contractors and suppliers frequently enter into direct contractual agreements with the employer2, and the courts may infer a warranty by a sub-contractor or supplier out of the negotiations leading to nomination3.
A sub-contractor who negligently causes physical damage to the employer’s property (excluding the contract works) may be liable to the employer in the tort of negligence, although the allocation of
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