16 Sub-Contracts Flashcards
Does a contractor have an automatic right to sub-let the works?
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Does the giving of consent by the employer to the use of a sub-contractor affect a contractor?s responsibilities under the contract?
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How are sub-contractors managed within a contract and how does the appointment work?
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Name some different types of sub-contract.
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The main contract executed between an employer and a contractor is the JCT D&B form. The contractor is intending to engage its sub-contractors under an NEC sub-contract. What advice would you give in this respect?
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Does the Construction Act apply to sub-contracts?
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Explain the law relating to ‘pay when paid’ and ‘pay when certified’ clauses in sub-contracts?
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Name the different types of sub-contractor.
- Domestic Sub-Contractor
- Named Sub-Contractor
- Nominated Sub-Contractor
Who owns domestic sub-contractor?s materials on site?
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A sub-contractor is designing the works under his sub-contract. What third party rights issues do you need to consider for your client and what documentation might you put in place?
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What is a domestic sub-contractor?
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What are the advantages and disadvantages of using a domestic sub-contractor?
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Can a contract administrator determine a domestic sub-contractor?
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Could a main contractor claim an extension of time for the non-performance of a domestic sub-contractor?
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What rights have you as a member of the project team to deal directly with a domestic sub-contractor?
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If the contract administrator does not like one of the domestic sub-contractors on site, what contractual rights does he have to get them removed?
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If you felt it would be helpful in agreeing the value of a variation, how could you involve a domestic sub-contractor in the negotiations?
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What is a named sub-contractor?
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Why must the client be careful when listing named sub-contractors?
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What are the advantages and disadvantages of using a named sub-contractor?
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How is a named sub-contactor paid?
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Explain to your client his rights and obligations with regard to naming a sub-contractor.
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Can the employer make direct payments to a named sub-contractor?
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Who is responsible for the performance of the named sub-contractor, the employer or the contractor?
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If the named sub-contractor is designing his works, does the main contractor have any design responsibility?
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What are the employer’s and contractor’s liabilities if a named sub-contractor defaults?
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What happens when the named works are complete?
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Could a main contractor claim an extension of time for the non-performance of a named sub-contractor?
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What is a nominated sub-contractor?
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How is a nominated sub-contactor included in the main contract?
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What are the advantages and disadvantages of using a nominated sub-contractor?
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How is a nominated sub-contactor paid?
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Explain to your client his rights and obligations with regard to nominating a sub-contractor.
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Can the employer make direct payments to a nominated sub-contractor?
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Who is responsible for the performance of the nominated sub-contractor, the employer or the contractor?
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If the nominated sub-contractor is designing his works, does the main contractor have any design responsibility?
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What are the employer’s and contractor’s liabilities if a nominated sub-contractor defaults?
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What happens when the nominated works are complete?
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Could a main contractor claim an extension of time for the non-performance of a nominated sub-contractor?
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Who is responsible for doing the interim valuations under a nominated sub-contract?
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Why is nomination less popular than it once was?
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Give some advice on whether an employer should include a preferred contractor as a domestic, named or nominated sub-contractor on a fit-out project.
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