245. Relationship between employer and sub-contractor: no privity of contract.

There is no privity of contract between the employer and the sub-contractor1 or between the architect and the sub-contractor2, although the employer or his architect may rarely nominate the sub-contractor under the provisions of the main contract. The employer may, however, secure a direct warranty from a sub-contractor3. When a nominated sub-contractor subsequently repudiates his contract with the main contractor, there is an implied term of the main contract that the employer or his architect will nominate a replacement4. If the sub-contractor is ordered directly by the employer to do work, the employer must pay him for it5. If