FIDIC contracts 2017—sub-contracting
FIDIC contracts 2017—sub-contracting

The following Construction practice note provides comprehensive and up to date legal information covering:

  • FIDIC contracts 2017—sub-contracting
  • Extent of sub-contracting
  • No sub-contracting without consent
  • Nominated Subcontractors
  • Programme
  • Special Provisions

FIDIC contracts 2017—sub-contracting

This Practice Note examines the approach to sub-contracting under the 2017 editions of the FIDIC Red, Yellow and Silver Books. For a look at sub-contracting under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010, and for information on the Subcontract for Construction 2011 and the Subcontract for Plant and Design-Build 2019 (both of which are for use with 1999 main contracts), see Practice Note: FIDIC contracts (pre-2017 editions)—sub-contracting.

The key principle in the FIDIC contracts in relation to sub-contracting is that the Contractor remains responsible to the Employer for work carried out by Subcontractors. This is enshrined in clause 5.1 of the Red Book and 4.4 of the Yellow and Silver Books.

Extent of sub-contracting

Under clause 5.1 of the Red Book and clause 4.4 of the Yellow Book, the extent to which the Contractor is permitted to sub-contract the Works is limited by reference to a percentage of the Accepted Contract Amount. The percentage is stated in the Contract Data—if no percentage is stated then the position is simply that the Contractor cannot sub-contract the whole of the Works. The Contract Data may also provide that the Contractor is not permitted to sub-contract specific parts of the Works.

The position is the same in the Silver Book (clause 4.4), except that it is limited

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