Expertise

Drafting Subcontractor Agreements

Benefit from the expertise and flexibility of subcontracting while ensuring adequate protection for your business.

Have peace of mind that your business relationships and commercial interests are protected thanks to robustly drafted and expertly negotiated subcontractor agreements.

Experts in commercial law

In addition to drafting, negotiating and reviewing confidentiality and non-disclosure agreements, our team can assist you across all areas of commercial law, including:

Enforceable delegation of contractual obligations and risk protection

We can assist you in determining the type of subcontracting agreement that would best benefit you, making sure that your business is adequately protected under the terms of both the principal contract and the subcontractor agreement. We’ll also support you in maintaining an amicable and beneficial relationship with both your customer and the subcontractor.

Our team of experienced commercial contract lawyers work quickly to understand your situation and requirements, supporting you with:

Advice

regarding the nature of the subcontractor agreement and its term.

Dispute resolution

under either the principal contract or the subcontractor agreement.

Protections

under the subcontractor agreement, such as indemnities.

Amending or varying

the principal contract if required.

Drafting

the subcontractor agreement.

Reflecting the key terms

of the principal contract in the subcontractor agreement as relevant.

Collateral warranties or express third party rights

in the event that your customer requires direct rights against the subcontractor.

Limitation of liability

in the event of default by the subcontractor.

Restrictions on subcontracting

whether under statute, common law or for regulatory reasons.

Consent requirements

under the principal contract.

Market practice

ensuring that your arrangements remain competitive and reasonable.

Review of the principal contract

to ensure that subcontracting is permissible under its terms.

Data processing and sub-processing issues

where relevant.

Negotiating the key terms

of the subcontractor agreement and any amendments to the principal contract.

Termination

of the subcontractor arrangement where the relationship has broken down.

Guiding you through the essentials of subcontractor agreements

Essentially, subcontracting delegates certain responsibilities under the principal contract to a third party, the subcontractor, but without replacing the main contractor. Subcontracting can be undertaken for various reasons and its arrangements can take various forms depending on the nature of the work and obligations being subcontracted, the reasons for subcontracting and the terms of the principal contract.

Issues which we can help you to address include:

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Is subcontracting permissible under the principal contract and are any consents required?

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Are there any applicable statutory, regulatory or common law restrictions?

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What obligations are being subcontracted? What are the terms of subcontracting?

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Who is actually providing the subcontracted obligations?

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Is the subcontracting arrangement for an indefinite period or a specified term or project?

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Should the subcontractor agreement be a back-to-back agreement or a stand-alone agreement?

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Which clauses of the subcontractor agreement should mirror those in the principal contract?

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Do any clauses need to complement each other or flow from the principal contract to the subcontractor agreement?

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Does your customer require collateral warranties or step-in rights of any kind?

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What protections are afforded to you under the subcontractor agreement in the event of breach or a claim against you by your customer?

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Under what circumstances can you terminate the subcontractor agreement? What obligations arise on termination?

Who we help: Businesses needing to hire a subcontractor

Some projects or workflows require specialist knowledge, skills or equipment. Engaging a subcontractor who has these will mean that the work gets done properly and efficiently, ensuring that your customer is pleased with the end-result.

Our commercial team have hands-on experience across a wide range of sectors from IT to construction, and are ready to provide you with pragmatic, business-focused advice and support you with your subcontractor arrangements. We can clearly and succinctly set out your options and assist you in choosing the right way forward for you and your business, ensuring that you fully understand your position and any potential risks.

Regardless of your businesses size or lifecycle stage, we aim to make legal services more accessible. In reality this means you receive partner-level legal expertise at the fraction of the cost of a traditional law firm – with our subscription plans you could be paying as little as £140 per hour. With transparent pricing, a tailored approach to each client’s requirements, and a commercially minded team that swiftly gets to know your long-term objectives, you can rely on our partnership to help move your business forward.

Why choose Suis Law Lawyers?

As the law firm for entrepreneurs, we understand the common and complex issues you face as owners and operators. We look to form genuine partnerships with our clients. Our team of remote-based and always accessible senior lawyers are the people to call when you need a second opinion, or specialist advice fast.

Mainly recruited from top 100 Middle East and Europe law firms or from large international businesses, and all have more than 10 years’ post-qualified experience. Find our more about the team here:

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Legal support designed
to fit your business needs

Our transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:

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A national law firm

Our commercial lawyers are based in or close to major cities across the Middle East and Europe providing expert legal advice to clients both locally and nationally.

We mainly work remotely, so we can work with you wherever you are. But we can arrange face-to-face meeting at our offices or a location of your choosing.

Jeddah

Saudi Arabia

London

United Kingdom