240. Prohibitions on sub-contracting.

240.     Prohibitions on sub-contracting.

In general a contractor is entitled to arrange for vicarious performance of a building contract wherever it is a matter of indifference to an employer whether the work is done by the immediate party or by someone on his behalf. However, he has no such entitlement in the following circumstances: (1) where there is an express stipulation against sub-contracting; (2) where an intention of the parties not to permit vicarious performance can be implied from the circumstances1, as where a contractor is employed because of a particular qualification in respect of skill2