Commentary

142 Defaults of nominated sub-contractors

BUILDING AND ENGINEERING vol 5

142 Defaults of nominated sub-contractors

142 Defaults of nominated sub-contractors

The extent to which the contractor is responsible for defective performance by a nominated sub-contractor depends upon the terms, both express and implied, of the main contract. Subject to any contrary provision, it appears that the contractor may be put in breach of his implied obligations as to the quality of materials and (probably) the standard of workmanship by the default of a nominated sub-contractor or supplier1. However, this is not so where the contractor is instructed by the employer, without any right of objection, to enter into a sub-contract on terms which exclude or

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