Back To Back Subcontract Agreement

Issues that arise from a subcontract, but not in the main contract, could include that, in a back-to-back scheme, a dispute between the main contractor and the employer is likely to have a significant impact on the relationship between the main contractor and the subcontractor, and vice versa. Depending on the nature of the subcontracting, the complaints normally transmitted in the chain include those concerning defects, defects and delays in performance, as well as variations (both in terms of volume and evaluation). In any case, the main contractor will want to ensure that it will not be debited liability for matters beyond its control, which it cannot pass on to its respective counterparties. The main concern of the main contractor will be to ensure that it is not subject to different decisions of the courts designated under the two contracts.