How many times has your subcontract included a back to back clause with the main contract?

How many times has your subcontract arrived with a copy of the main contract?

How many times have you requested to view the main contract?

Have you ever questioned these clauses?

Signing up to a subcontract that links back to the main contract can leave you exposed to obligations/liabilities as if you were the main contractor. If you haven’t reviewed the main contract how can you know what you are signing up to? The simple answer is you can’t. The easiest solution is to avoid back to back clauses. There’s nothing wrong including main contract provisions within a subcontract but where these are to be included the actual clause should be written as an addition to the subcontract, not on a main contract amendment page.

The same principle applies to any document which is referenced in the subcontract but not attached. If you haven’t seen it how do you know that it doesn’t impose a responsibility/liability/obligation on you. Once you sign the subcontract you accept all these documents with all their requirements.

These types of clauses are common, be aware & understand the risks.