After the conclusion of the contract in the relations between the parties, a new participant sometimes appears, who has some obligations to one of the partners. Who is the subcontractor really? This is a new performer or even a third party for the relationship in question.
Basic concepts
Usually, the term “subcontractor” is used when contracts are concluded for the performance of certain works or the provision of services. Initially, such agreements have two parties: the customer and the contractor. The first declares its needs, and the second is taken to fulfill them for the appropriate payment. Everything seems to be clear. But then who is such a subcontractor? This is another unplanned member of the agreement initially. It appears a little later, if such a need arises.
For example, we can consider a specific situation when one company (or an individual) is looking for someone who could perform a certain amount of work for it. In this case, she is the customer. With her request, she turns to the organization for which such work is the main activity or specialization. By mutual agreement, an agreement is concluded in which the other party acts as a contractor. In a timely manner, he must fulfill his obligations and hand over to the customer the finished work on the acceptance certificate. At some point, the contractor needs to attract additional forces from the outside. He turns to another company, which agrees to perform part of the work on certain conditions. A new member of the relationship appears. In fact, a subcontractor is a contractor, both for the customer and for the contractor. But to pay for his services will be the one with whom the contract is directly concluded.
Intermediary Services
There is another option, according to which the course of events will develop in a slightly different way. It is associated with the provision of services. For example, a person (legal or physical) applies to a specialized company with a request for the provision of services. In this case, it acts as a client. This organization itself is not involved in such activities. She only finds specialists in this field and attracts them to perform this work. For them, she is a customer. But, in fact, such a company acts as an intermediary between the client and the direct executor. And the subcontractor is the one who was hired to work. His relationship with the customer can be built on the principle of:
- Contract payable the provision of services when a certain payment is made for a specific work. Both that, and another makes a reservation in advance.
- Partnership agreement when a subcontractor receives a percentage of the customer’s income. In this case, if necessary, the amount of work may vary.
Each of the options has its positive aspects, based on the needs of the parties.
Contractual relations in construction
Contractual relations between the parties can cover a wide range of areas. The term "construction subcontractor" is well known to those who decide to become the owner of real estate.
Recently, less and less people directly buy housing. Most of them prefer to participate in its construction. It is very easy to do. It is only necessary to conclude an agreement with the company, which will assume such obligations. An individual or organization in this case will be the customer in these respects. She accepts the finished work and pays for the result. The construction company in this arrangement is the general contractor.She is responsible for the timing, quality and overall organization of the work. At certain stages of her business, it becomes necessary to invite specialized firms for cooperation. These include, for example, enterprises for installing windows or intercom systems. Each of them concludes an agreement directly with the general contractor, and receives payment only after the customer transfers the funds to his account.
Relationship of the parties
The contractual relations of such a plan are considered in more detail in Art. 706 of the Civil Code of Russia. It explains that a subcontractor is a person who attracts a contractor to partially fulfill his duties. In such a situation, he becomes respectively the general contractor and assumes full responsibility for the final result. Initially, at the conclusion of the contract, such an opportunity should be noted separately in one of its paragraphs. This must be monitored by the customer. The subcontractor in this case will not directly contact him. He concludes a contract with the general contractor and reports to him in the performance of the work entrusted to him. For any misunderstandings, the customer can not present any claims to the subcontractor, because he is not connected with him by any contractual relationship. With all arising questions it will be necessary to turn to the general contractor.
It is a link between these persons, which has assumed not only obligations, but also responsibility towards both partners.
Forced necessity
Under the terms of the contract for construction work, the contractor and subcontractor are executors. Both of them ultimately fulfill the task of the customer. The only difference is that the contractor does this on the basis of an agreement concluded directly with him, and the subcontractor is a person invited only for a while.
Entering into such a relationship, he does the work at his own expense and strength. And the payment envisaged for this is received after the signing of the acceptance certificate for a specific site or the entire facility as a whole. The question about this is agreed in advance. The contractor has every right to control the process by which the subcontractor performs his work and to make any proposals on this subject. Such a "multi-story" structure of activity in recent years is especially popular. In it, the company of the general contractor has two main missions:
- Provision of subcontractor work. Often these are companies that have long fruitfully cooperated with each other.
- Mediation, which is actually expressed in the resale of the volume of work.
Practice shows that such cooperation is usually beneficial to all three participants.
