250. Effect of sub-contracting on main contractor's obligations to perform.

In general a main contractor who sublets part of the works with the tacit consent of the employer does not thereby alter his obligations to the employer. The contractor will be liable for defects in or delay in carrying out such work in the same way and to the same extent as if he had performed it himself1 unless the terms of the main contract or the surrounding circumstances show otherwise.

However, where the employer has instructed the main contractor to perform by subletting part of his work to a particular sub-contractor, the main contractor's obligation to the employer in