Hi again!
A "subcontract" is still a contract. Obviously, as you know, it is
merely a contract typically between a general contract or construction
manager and a particular trade.
All of the bases of contract law still apply - generally no
difference. There is an offer, an acceptance, mutual consideration and
terms that apply to the performance and duties of both parties. An
aggrieved party has an ability to seek a remedy either through the
courts or through arbitration or mediation, if the contract provides
for alternative dispute resolution.
Now, there may be a tie between "your" subcontract and the general's
contract with the owner - most common example is "pay when paid." In
some cases, the subcontract specifically indicates that the
subcontractor is bound by the terms of the master contract - and if
that is the case it is imperative that you know from the outset what
those terms are.
But, the statutes, regulations and orders that are out there and
applicable to your situtation have exactly the same scope, power and
effect to your subcontract as they do to the general's contract. A bit
of a simplification, but "a contract is a contract."
Thanks for the question. Again, if you desire any clarification,
please let me know. And, thanks for the fun questions!
weisstho |
