Contracted to another contractor for sub clause

[MyUserName]

Hello all,

WRT substitution clauses it seems like the courts throw them out if they do not feel a sub was ever likely to be offered.

Do you think it would it help my sub clause get taken more seriously if my company had a contract with another company to provide subs for each other if required?

[northernladuk]

You have to be clear here. Courts didn't really throw it out, one case had it queried and it is being appealled as no one agrees with the findings so it isn't over yet. It was also one element of a larger investigation. Picky I know but we have to get the situation correct before we start trying to mitigate it!!

The point in question was whether or not the client would accept a subbie from consultant as agreed in the contract, not if the consultant had a contracted subbie. You could have a contract with God to sub you if you need him but it won't matter if the client won't take him. The position of the court will still be the same.

Even if any of this was different a contract between two contractors that isn't tested and in reality would fail if the other person was in contract isn't worth the paper it is written on I would say.

[MyUserName]

You have to be clear here. Courts didn't really throw it out, one case had it queried and it is being appealled as no one agrees with the findings so it isn't over yet. It was also one element of a larger investigation.

Ah, thanks for clarifying that. I must have misunderstood.

Picky I know but we have to get the situation correct before we start trying to mitigate it!!

Agreed

Even if any of this was different a contract between two contractors that isn't tested and in reality would fail if the other person was in contract isn't worth the paper it is written on I would say.

Thanks for the input.