Performance issues and claims for defects against subcontractors
Collaboration with subcontractors often raises many questions. Although the outsourcing of certain areas to subcontractors has long since ceased to be a rarity, ambiguities regarding the legal framework of such a service relationship often arise. A particularly heavily debated topic is that of the defect and performance claims against subcontractors. If you also want to know more about this topic, then read on.
Performance issues: The contracting parties
In general, a distinction is made between general contractor, client and subcontractor. The general contractor gives the client an order. For the fulfillment of individual trades or special tasks within this order, a subcontractor will be commissioned by the latter. The subcontractor and the general contractor have no legal relationship with each other, the client remains the sole contractual partner of the general contractor. The subcontractor is exclusively obliged to the client, since he acts according to § 278 BGB as a vicarious agent.
The client must ensure that all public-law regulations, including the documentation requirement, are complied with. Basically, he also assumes liability for all legal violations of his subcontractors. For this reason, a subcontractor’s declaration is required under the subcontracting agreements. In this, the subcontractor must prove his legal compliance with commercial law, tax law and social security law. For a possible fault of the subcontractor also liable according to § 278 BGB of the client. However, however, claims can be passed on to the subcontractor, and remedial measures can be demanded.
In order to avoid any ambiguity regarding the services to be provided, it is important that the bill of quantities, the blueprints, etc. be forwarded to the subcontractor without any change. These do not have to be completely forwarded, but only to the part that must be provided by the subcontractor. Attention! The liability chain main company – client – subcontractor is only valid if these documents were forwarded to the subcontractor without changes.
Rely on professionals
So that you do not incur any unnecessary additional work using subcontractors, you prefer to rely on a professional placement agency right from the start, which will assist you in all matters relating to subcontractors. Subauftrag.com only provides you with highly qualified specialists who undergo regular quality controls. We place high demands on our subcontractors and only provide long-standing companies with professional and competent teams. In addition, we support you with a ready-made contract in all administrative matters.
Would you like to know more about subcontracting procurements with subauftrag.com? Find out more here: