Commentary

141 Liability of contractor for domestic sub-contractors

BUILDING AND ENGINEERING vol 5
| Commentary

141 Liability of contractor for domestic sub-contractors

| Commentary

4: RELATIONSHIP BETWEEN EMPLOYER AND CONTRACTOR

141 Liability of contractor for domestic sub-contractors

The effect of the principle of vicarious performance1 is that any defective performance by a domestic sub-contractor almost invariably puts the contractor in breach of the obligations which he owes to the employer under the main contract. In many circumstances, however, the domestic sub-contractor’s obligations may go beyond those of the main contractor2, or the main contract terms may indicate a clear intention to exempt the contractor from responsibility for sub-contractor defaults3. In such cases, the employer should ensure that he is

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