Question Employer has nominated us as a specialist sub contractor to execute works that are forming the provisional sums in Main contractors scope. Main contractor is insisting that we agree on a "paid when paid" terms of payment since we are nominated by the Client i.e. back to back payment terms. Is the main contractor entitled to insist on this as the conditions for a nominated sub contractor ?
Answer Dear Sajeev
AS long as your nomination is not tied with conditions, then you will be treated as any other subcontractor where back to back contract is a standard practice. You can negotiate with the contractor now for all the terms before signing the agreement if such is not included in the contractors documents
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