Subcontraction Sample Clauses
A Subcontraction clause defines the conditions under which a party to a contract may delegate or subcontract its obligations to third parties. Typically, this clause outlines whether prior written consent is required before subcontracting, specifies any restrictions on the types of work that can be subcontracted, and may require the subcontractor to meet certain standards or qualifications. Its core practical function is to ensure that the original contracting party maintains control over the quality and reliability of the work performed, while also clarifying liability and responsibility for subcontracted tasks.
Subcontraction. 4.3.1 The Contractor shall not subcontract all projects contracted by it to a third person, or divide all projects contracted by it and outsource them to third persons in the name of subcontracting.
4.3.2 The Contractor shall not subcontract the main body of the project or key work to any third person.
4.3.3 Without the consent of the Project Owner, the Contractor shall not subcontract other part or work within the scope of its construction project to any third person. Non-main body of the Project and non-key work that may be subcontracted by the Contractor as agreed by the Project Owner shall include:
(1) Subcontracted works agreed in the Schedule to the Bid Letter;
(2) in addition to subcontracted works agreed in the Schedule to the Bid Letter, other non-main body and non-key work agreed by the Project Owner and the Supervisor, provided that the subcontractor shall be subject to examination and approval of the Project Owner and the Supervisor. The Project Owner and the Supervisor have the right to reject the Contractor's subcontracting request and the subcontractor selected by the Contractor.
4.3.4 Where professional works whose Provisional Valuation has been made by the Project Owner in the Bill of Quantities, including professional works that are recognized under the Provisional Sum, reach the scale under which tender process shall be initiated according to law or does not reach the specified scale but the Contract stipulates that the method of bid invitation will be taken, the provisions of Article 15.8.1 shall apply, i.e. the Project Owner and the Contractor call for bids to determine the Professional Subcontractor. Except as specially approved by the examination and approval department of the Project, the bid invitation for professional works with Provisional Valuation shall be conducted in a manner same as that for PC.
4.3.5 Within 7 days after the relevant subcontract is concluded and reported to the relevant competent administrative authority of construction for filing, the Contractor shall submit a copy to the Supervisor and ensure that the subcontracted works will be subcontracted again.
4.3.6 The price of subcontracted works will be settled between the Contractor and the Project Owner (including Professional Subcontractor). Without the consent of the Contractor, the Project Owner shall not pay any project payment under the relevant subcontract to the Subcontractor (including Professional Subcontractor) in any form. Where the Project Owner ...
Subcontraction. The Supplier is entitled to use subcontractors only after prior written approval by JTI. The Supplier warrants that all subcontractors will comply with the provisions of these General Terms. Failures by the subcontractor are subject to the same consequences as failures by the Supplier itself.