Are the named subcontractor is contractually nominated so their delay shall be born by the employer?
Answer Dear sali, 1. If the contractor signed a contract with the Nominated Subcontractors, and if the responsibility of the Contractor described in the contract then the Contractor is responsible for the performance of the Nominated Subcontractors. Here the important is the wording of the contract between Contractor and Nominated Subcontractors. It shall be clearly described that Contractor is responsible from their performance. If the contractor signed the contract as only witness then Employer is responsible from the performance of the Nominated Subcontractors. 2. Employer has right to sign a contract with the Nominated Subcontractors on behalf of Contractor if they are delayed. Employer may write a letter to Contractor that part of the Work will be done by the Nominated Subcontractors on their behalf and all related cost will be deducted from their deliverables because of Contractor delay.
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