We remind you of the fundamental difference between execution and turnkey contracts. The main rule and starting point of turnkey contracts is that the subcontractor designs the detail projects, while the contractor does the detailed design in the execution centers.
1. The main difference between execution contracts (NS 8415 and NS 8416) and total subcontracting (NS 8417) is that the total subcontractor designs in detail and has the risk that the builder's functional requirements are met.
2. It is only exceptionally subcontractor in NS 8415 and NS 8416 contracts that detail projects, and it also characterizes the standard contracts.
3. In essence, it is the rules on the design of the total subcontractor that are central to this article.
4. Unless expressly agreed otherwise, the general subcontractor shall design everything necessary for the contract object to meet the functional requirements of the builder.
5. The total subcontractor has, to a reasonable extent, a guiding obligation over the general contractor
6. The general contractor has a duty of notification if he sees that the design will not lead to the agreed results. If he does not notify, the result may be that the general contractor himself must bear the consequences of failure to notify.
7. If deficiencies in the subject matter of the contract are revealed in a total subcontract, it is irrelevant as a starting point whether this is due to incorrect design or execution.
8. In execution centers, it is the main contractor who has the risk of misengineering. If the subcontractor has performed in accordance with the design provided by the main contractor, there is no shortage of contract law in the works.
9. The result will be the opposite if the subcontractor has detailed designs and there is a deficiency in the works. If so, he is liable in the same way as a general subcontractor, cf. Clause 7.
10. It is the general contractor who must obtain public permits such as commissioning permit (s), temporary use permit and certificate of completion, but the total subcontractor must provide the necessary documentation.
