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Subcontracting in construction covers the letting of work to specialist trades and suppliers under subcontract agreements, typically rail, roads, housing or commercial projects. A solicitor in this field drafts, reviews and negotiates subcontracts, flow-down clauses, and payment provisions, and may handle variations, delay claims, retentions, and guarantees. They advise on rights to payment under the Construction Act, performance bonds, and termination or suspension of works, and pursue or defend adjudications or court actions. They also help balance risk between main contractors, sub‑contractors and clients throughout the project lifecycle.
The key issues include complex payment regimes, the enforceability of notice and adjudication rights, and the interaction of main contracts with subcontracts. The solicitor explains the provisions that govern cash flow, such as interim payments, final account settlements, and retention regimes, and manages disputes arising from variations, defects, or defaults to protect the client’s commercial position.
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