Question 1

Can a contractor hire subcontractors without my permission?

Accepted Answer

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.

Question 2

Who is liable for a subcontractor's work?

Accepted Answer

The primary contractor is — that's who you have a contract with. The subcontractor has no direct contractual relationship with you. If the subcontractor's work is deficient, your recourse is against the contractor, who can then pursue the subcontractor under their own agreement. Make sure your contract explicitly holds the contractor responsible for sub performance.

Question 3

Should my contract address subcontracting?

Accepted Answer

Yes. Include: whether subcontracting is allowed, whether prior written consent is required, whether the contractor remains fully liable for sub work, confidentiality requirements for subs (especially if they'll access your data), and whether you can approve or reject specific subcontractors.

Question 4

What's the difference between a subcontractor and a supplier?

Accepted Answer

A subcontractor performs part of the contracted work (building a component, writing code, designing graphics). A supplier provides materials or products used in the work (hosting services, stock photos, hardware). The distinction matters for liability — subcontractor work is typically the contractor's responsibility, while supplier defects might be the supplier's problem.

Question 5

Can I hire the subcontractor directly?

Accepted Answer

Be careful. Many contractor agreements include non-solicitation clauses that prevent you from hiring their subcontractors directly. If you poach their sub, you could be in breach. If you want to work directly with a talented subcontractor you've met through a project, check your contract with the primary contractor first.

Subcontractor

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about subcontractor

Create a contract with proper subcontractor clauses