Sub-contractor Rights To Contractor Progs

In most cases, the contract between your company (the Subcontractor) and the one you are contracting with (the General Contractor) determines your rights.  If it says that the General Contractor is responsible for preventing interference between the trades that it contracts with, then you are covered.  Sometimes the contract says that you are responsible for your own coordination (that is bad.)

 

The contract language does not automatically extend to others that may also have contracts with the General Contractor.  In general, your contract does not ‘flow-over’ to other contracts.  This makes it very difficult for you to recover damages from other trades or even the Owner of the project.  You have to follow your contract language and recover damages from the General Contractor (if the contract allows for this.)  Good luck!

Dear Michael,

Usually we put a not in the subcontractors agreement stating that the coordination of works at site between the subcontractors is their responsibility.

Like the guys said, it depends on your Contract.

In any case, you need to document these delays and report them periodically as per the CoC requirements. Thenk you can follow up and claim your rights per CoC.

With kind regards,

Samer

Dear Michael,

Usually we put a not in the subcontractors agreement stating that the coordination of works at site between the subcontractors is their responsibility.

Like the guys said, it depends on your Contract.

In any case, you need to document these delays and report them periodically as per the CoC requirements. Thenk you can follow up and claim your rights per CoC.

With kind regards,

Samer

Hi Michael

A sub-contractor has no contractual relationship with the other sub-contractors so his route to redress is solely to the main contractor.

The usual cause of sub-contract delay is not being given access because the preceeding sub-contractor has not vacated the work front.

Check the sub-contract clause relating to denial of access as this will be the most direct route.

This situation is the only one where the As Planned v As Built method works in delay analysis.

Keep meticulous records and send up to date notices at least once a week.

 

Best regards

NMike Testro

Dear Michael:

It depends on the following points:

1. The contract conditions.
2. The subcontractor is nominated subcontractor or domestic subcontractor if it is domestic the contract should concluded condition stating the site & work coordination shall be carried out directly with the client or with the main contractor.
3. Any subcontractor needs to step in the project should do for him clearance and handing over from main contractor.
4. All the suppliers and subcontractors should provide deliverable dates matching with the approved time frame of main contractor.

thanks with a best regards.

  

Yes, it is all about the agreement but in general, most subcontract agreements assign mutual right and responsibilities. Here we mostly use use any of the folowing two standard forms of Subcontract Agreement, the AIA (American Institute of Architects) forms or the AGC (The Associated General Contractors of America) forms.

For a sample of an AIA agreement: http://academics.triton.edu/faculty/fheitzman/A401%20-%20Contractor%20-%20Subcontractor%20Agreement.pdf

For a sample of the AGC agreement: http://books.google.com.pr/books?id=YUwtxCN-eXIC&pg=PA1085&lpg=PA1085&dq=agc+subcontract+agreement&source=bl&ots=alQO2__E5B&sig=jvnRPUg6j1p3ehzXKWTAbE-4Mp8&hl=es&ei=EueVTP_rH4OBlAfxuumpCg&sa=X&oi=book_result&ct=result&resnum=9&ved=0CEMQ6AEwCA#v=onepage&q=agc%20subcontract%20agreement&f=false

Look for the equivalent models commonly used in your practice.

Best Regards,

Rafael

Hi Michael,

Normally, sub-contracts rights should be the same as the contractor especially if the contract is a back to back contract, meaning the conditions of the contract are exactly the same as the Contractor.