Accordingly, if the performance of a subcontract is not possible for reasons outside the odds of both parties, either the principal contractor and/or the subcontractor may request the termination of the subcontract pursuant to Section 893 of the CLC. The item number (894) also provides that if the work contract cannot be executed for an external reason that is not the responsibility of the contractor, the work contract must be executed and the contractor should be empowered to require the employer to pay the value of the work done and the costs to be incurred in carrying out the work. The Court of Cassation also indicated that the relationship between a principal contractor and a subcontractor was identical to that between the employer and the principal contractor. The UAE Civil Transaction Code allows the principal contractor to subser deal with all or part of the work to a third party without obtaining the employer`s permission, unless the contract otherwise disposes of it or if the performance of the work depends on the personal competence of the holder. This is provided for in Article 890, paragraph 1, of the United Arab Emirates Civil Transactions Act. In practice, however, employers tend to have some kind of control over the main contractor in subcontracting and selecting subcontractors. The degree of this control varies. The contract may limit the scope of subcontracting by prohibiting the outsourcing of all work. This provision is quite common in standard contracts.B. Section 4.4 of the 1999 Fidic Red Book states that “the contractor cannot award all works to the auction.” The contract may also require the principal contractor to seek prior approval from the employer or engineer to hire a proposed subcontractor if that subcontractor is not designated by the employer. In this context, it may be advisable, in some cases, to ensure that the treaty contains a provision that … Consent should not be disproportionately delayed or withheld. .
. . 1 NOW THEREFORE, in light of the above and the reciprocal commitments and agreements stipulated in it, whose maintenance and adequacy are recognized, parties wishing to be bound by law accept as follows: Contractors may not subcontract any partial or partial contract for services authorized by a mission decision without Prime`s prior written consent. If Prime Contracts accepts the allocation of part of the work to be performed as part of a mission assignment, the subcontractor must first obtain from any subcontractor an identical written agreement or similar to the following sections of this agreement: inter-clients, exclusivity, intellectual property rights, confidentiality, conflicts of interest, subcontracting, guarantees, compensation, limitation of liability, insurance and other collection provisions. Independent contractors. Nothing included in this agreement can create an employer-worker relationship, a captain`s and servant`s relationship, or a principal and agent relationship between the subcontractors and/or a subcontractor (s) and Prime. Prime and subcontractors agree that subcontractors are independent subcontractors and remain an independent subcontractor at all times during this contract. The subcontractor is responsible at all times for all employees, enforcement assistants and subcontractors of the subcontractor, is responsible for all applicable taxes or insurance and complies with applicable public laws or regulations. Full agreement.
This document, as well as all attached or incorporated documents, contains the entire agreement between the parties and replaces any previous written or written agreements, commitments or agreements.