Main contractor insolvency means that he has become unable to
pay his outstanding financial obligations, including the fees of
the subcontractor. This could be due to the main contractor's
failure to obtain his fees from the employer with the
unavailability of financial solvency. The legislator intervened in
that case to protect the subcontractor, who had obligatory rights,
as he did not fail to perform his work, rather, he performed his
work to the fullest. This drives us to clarify some issues related
to the situation of the subcontractor in relation to the
contractual relationship between the main contractor and the
employer. Again, the legislator intervened to provide the necessary
protection for that weaker and more affected party in the event of
default by the main contractor.
