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Q: Subcontracting ( Answered,   1 Comment )
Question  
Subject: Subcontracting
Category: Reference, Education and News
Asked by: reddie2-ga
List Price: $2.00
Posted: 30 Mar 2005 11:04 PST
Expires: 29 Apr 2005 12:04 PDT
Question ID: 502754
How are statutes, executive orders or regulatory requirments applied
to subcontracts?
Answer  
Subject: Re: Subcontracting
Answered By: weisstho-ga on 02 Apr 2005 21:19 PST
 
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
Comments  
Subject: Re: Subcontracting
From: vballguy-ga on 30 Mar 2005 12:02 PST
 
Is this an Essay question on a test?
There are thousands of pages of legal documents, legal cases, laws,
etc regarding subcontracts.... Could you be a little bit more
specific?

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