Commentary

143 Repudiation by nominated sub-contractor

BUILDING AND ENGINEERING vol 5
| Commentary

143 Repudiation by nominated sub-contractor

| Commentary

143 Repudiation by nominated sub-contractor

Where a nominated sub-contractor without lawful justification terminates the sub-contract and withdraws1, leaving work unfinished, the resulting legal position depends upon the terms of the main contract. If, on a proper construction, the main contract imposes no personal obligation on the contractor to carry out nominated sub-contract work, it is the responsibility of the employer to make a fresh nomination and to bear the resulting losses, including the cost of rectifying defects in the original sub-contractor’s work2. However, without express terms to the contrary, delay caused by the nominated sub-contractor is

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