Liability Of The Main Contractor And Subcontractor

In the case of subcontracting, both the main contractor and the subcontractor have similar obligations to the project and the employer. However, these obligations are not identical, as the subcontractor does not have a direct relationship with the employer as the main contractor. The subcontractor's relationship with the main contractor is subject to the terms and conditions of their agreement. This justifies the liability of the main contractor for error or default of the subcontractor. Nevertheless, both the main contractor and the subcontractor may also commit a default during carrying out construction work. In this regard, the nature of their obligation, which is sometimes expressed in their "contractual" and "tort" liability, shall also be examined.