Abstract:
Subcontracting is a common practice in the construction industry. It offers several
benefits to the project itself as well as the project parties.
Despite its advantages, the subcontracting practices have also negatively affected the
working relationship between the main contractor and the subcontractor. Such practices
are well addressed in the literature review which also described the nature of the
relationship between the two parties and paved the road for an unbalanced and onesided type relation.
This research aims at validating this hypothesis through offering a critical analysis of
the literature to highlight the instances where an unbalanced relationship exists. The
study will also investigate whether disputes related to subcontract emanate as a result of
this relationship. To further support this argument, extensive examination of case law
reviews involving main contractor – subcontractor related disputes is conducted to filter
out those where an unbalanced relation depicts itself.
To this end, the subcontracting practices that should be revisited are highlighted, and
better practices are proposed to improve this relationship, and ultimately mitigate
disputes.
