If your contract is silent on all such matters then you are correct that the starting position for liability is that the Main Contractor is responsible for everything.
It is not uncommon though that the contract will says the Employer is responsible for delays or fitness for purpose and occasionally workmanship or defects.
Member for
19 years
Member for19 years
Submitted by srinivas reddy on Sun, 2006-10-22 07:36
The process of the Employer giving a list of sub contractors (to which the Main Contractor may or may not be able to add to) for the Main Contractor to go and get tenders from comes from the failure in the past for the nomination process to successfully pass liability for the nominated subcontractor onto the Main Contractor.
The process where the Employer gave the Main Contractor a list of companys to send tenders out to was invented. In the UK this became known as appointing a "Named Sub Contractor or Supplier".
The process gives the Employer some control over who is going to do the work (obviously not as much as in nomination) but because the process is much similar to the main Contractor letting any domestic sub contract, the named sub contractor is for all purposes a domestic sub contractor (or supplier) of the Main Contractor.
Member for
19 years
Member for19 years1 month
Submitted by Puthenpurayil … on Thu, 2006-10-19 16:25
The answer about the meaning of Nominated subcontractor and delegated subcontractor U explained is splendid !! It is nothing out of an" escapisum "of limited time with the Client.
In technically and in FIDIC no meaning in the wordings of "Delegated subcontactors".
The markup as per clause is varing for " Delegated " ?!! How ?11
Member for
20 years 10 months
Member for20 years10 months
Submitted by Andrew Flowerdew on Wed, 2006-10-18 19:38
The first sub contractor is a Nominated sub contractor - as is obvious - ie the contract may make the Employer liable for certain aspects of the sub contractors performance.
The second sub contractor or supplier is to be treated as a domestic subcontractor, (another term oftem used would be a "Named Sub Contractor" ie the Main Contractor remains fully responsible for the performance of the sub contractor.
Member for
20 years 10 monthsRE: Nominated Subcontractor & Delegated subcontractor
Srinivas,
Where your contract says he does.
If your contract is silent on all such matters then you are correct that the starting position for liability is that the Main Contractor is responsible for everything.
It is not uncommon though that the contract will says the Employer is responsible for delays or fitness for purpose and occasionally workmanship or defects.
Member for
19 yearsRE: Nominated Subcontractor & Delegated subcontractor
hi andrew
afaik...
Main contractor will be fully responsible for Nominated subcontractor performance in all respects
if this is not correct can you please point out the areas where the Main contractor passes on the performance liabilty (of NSC) to the Client
Member for
20 years 10 monthsRE: Nominated Subcontractor & Delegated subcontractor
Puthenpurayil,
The process of the Employer giving a list of sub contractors (to which the Main Contractor may or may not be able to add to) for the Main Contractor to go and get tenders from comes from the failure in the past for the nomination process to successfully pass liability for the nominated subcontractor onto the Main Contractor.
The process where the Employer gave the Main Contractor a list of companys to send tenders out to was invented. In the UK this became known as appointing a "Named Sub Contractor or Supplier".
The process gives the Employer some control over who is going to do the work (obviously not as much as in nomination) but because the process is much similar to the main Contractor letting any domestic sub contract, the named sub contractor is for all purposes a domestic sub contractor (or supplier) of the Main Contractor.
Member for
19 yearsRE: Nominated Subcontractor & Delegated subcontractor
Dear Andrews,
The answer about the meaning of Nominated subcontractor and delegated subcontractor U explained is splendid !! It is nothing out of an" escapisum "of limited time with the Client.
In technically and in FIDIC no meaning in the wordings of "Delegated subcontactors".
The markup as per clause is varing for " Delegated " ?!! How ?11
Member for
20 years 10 monthsRE: Nominated Subcontractor & Delegated subcontractor
Puthenpurayil,
The first sub contractor is a Nominated sub contractor - as is obvious - ie the contract may make the Employer liable for certain aspects of the sub contractors performance.
The second sub contractor or supplier is to be treated as a domestic subcontractor, (another term oftem used would be a "Named Sub Contractor" ie the Main Contractor remains fully responsible for the performance of the sub contractor.