Sub-contracts

Sub-contracting in construction

It is very common for sub-contractors to be engaged by the main contractor on a construction project. Unless the contractor has itself been appointed for specialist skills or qualities where sub-contracting would not be permitted, it is standard in the market for the contractor to consider which packages of works to sub-contract out to specialist sub-contractors when it becomes involved in a project—and in fact it may sub-contract all of the works. See Practice Note: Sub-contracting in construction projects which also explains the difference between domestic 'nominated' sub-contractors and 'named' sub-contractors, and looks at sub-contracting under the various standard form construction contracts.

Typically, the contractor will enter into a direct sub-contract with each sub-contractor for them to carry out, for an agreed sum, a portion of the obligations that the contractor has taken on under its building contract with the employer. Usually the contractor remains fully responsible to its employer for the works carried out by its sub-contractors and therefore is liable for any default by a sub-contractor.

From the contractor's perspective, it needs to ensure that it has passed down all the relevant obligations

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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