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Construction Law/FIDIC_Cascade Sub-Contracting


Dear Mr. Niculescu,

I would like to ask you whether FIDIC Conditions of Contract allow the cascade Sub-contracting.

Thank you.
Kind regards,

Enrico Odorisio

Dear Enrico,

Thank you for your question.

They definitely do not forbid that. Whatever goes between the Main Contractor / Sub-contractor / Sub-Sub-Sub .... - contractor has nothing to do with the Main Works Contract other than the fact that Main Contractor will be responsible for deeds of any such Sub .... Sub-contractor as if it would be under his direct sub-contracting

And, the Main Contractor must acquire approval for the Sub .... Sub-contractor just as for any of his direct Sub-contractors.

Hence, all sub...sub-contracting agreements, aside back-to-back conditions should somehow also include for that direct responsibility.

Nevertheless, mind you, local legislation or procurement rules may forbid such sub...sub-contracting, you need to check that too.

Hope that helps.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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