While the writer of this critical analysis as a quantity surveyor was employed with the agency working for the employer, the main contractor was asked during the tendering process to substitute the nominated sub-contract by a domestic sub contract for aluminium windows-part of…
Below is a small account of what nominated sub-contract is and why employers increasingly prefer domestic subcontract to nominated sub-contract. .
Of late the preference to nominated sub-contractors has been on the decline because of the main contractor’s reduced liability. In JCT 98 form of contract, clause 25 provides for an extension of time owing to delay on the part of the sub-contractor. The architect is required to substitute the existing defaulting nominated sub-contractor by a new nominated sub-contractor. Main contractor is not liable for the failure of the design supplied by the nominated sub-contractor under clause 35. Delay is usually caused by the nominated sub-contractor’s late information.
Generally, before appointment of the main contractor, nomination of sub-contractor is necessary to enable the architect to prepare full working drawings and other matters connected to building design. This facilitates cost savings at the tender stage since the specialist would prepare one tender on a standard set of conditions.
JCT 80 introduced main documentation for nomination of the subcontractor. NSC/1: JCT Standard Form of Nominated Sub-Contract Tender and Agreement is used to call for tenders from potential nominated sub-contractors. This form actually gives sub-contractor specifications and terms and condition to facilitate submission of his tender and later agree with main contractor as regards programme and attendance details. NSC/2: This form called JCT Standard Form of Employer/Nominated Sub-contractor Agreement detailing the obligations of the Sub-Contractor so as to bind him to work with skill and care while under contract with the main contractor. However, the main contractor and the architect are not parties to this contract used as a warranty to protect client’s interests. On the other hand, the client is ...
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