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Contract Glossary

Subcontractor

Definition

A subcontractor is someone your contractor hires to do part of the work. You hired Agency X to build your app. Agency X hired Developer Y to write the backend code. Developer Y is the subcontractor. You probably never met them — but their work quality affects your project.

In Practice

You pay a design agency $50,000 for a brand overhaul. What you don't know: they've subcontracted the logo design to a freelancer for $2,000 and the website to a junior developer for $5,000. The quality is below what you expected. Your contract with the agency holds them responsible for the subcontractor's work — but only if the contract says so. Without a subcontracting clause, the agency might deflect blame to the sub, leaving you stuck between two parties pointing fingers.

Frequently asked questions about subcontractor

Only if the contract allows it — or is silent on the issue. Many contracts require written consent before subcontracting. If your contract doesn't address subcontracting, the contractor can generally bring in subs. To prevent surprises, include a clause requiring prior written approval for any subcontracted work.

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This content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.