The main/general contractor has a fundamental need to supervise and control the contractor's works. This control is not about distrust of the contractor. Control is carried out in virtually all construction projects and all standard contracts provide for such control. Most often, the control is carried out by hired construction managers, and there is a separate standard contract for construction manager assignments, namely NS 8403 “General contract provisions for construction manager assignments” published in 2005. In a project — large or small — one or more construction managers will normally be involved. Our experience is that this is for the benefit of all parties.
1. It is a general principle that the total/general contractor shall have the right to control the works of the subcontractor during the construction period
2. Such a check could become a double-edged sword if the control were to relieve the subcontractor of his liability and risk of handing over the subject of the contract as agreed
3. Accordingly, it is expressly stipulated in the standard contracts that the control of the total/general contractor does not exempt the subcontractor from his deficiency liability
4. Nevertheless, a builder has a duty of notification if he discovers that something is being designed or executed incorrectly, and the total/general contractor must notify immediately (immediately) or “without undue delay”.
5. If the Total/General Contractor does not notify, he may risk that the subcontractor will be relieved of his defective liability
6. If defects or damage to the subject matter of the contract are detected, the subcontractor has a duty to repair.
7. The subcontractor also has a duty to notify the total contractor of such defects and/ or damages. In addition, he shall explain how the error should be corrected, and then remedied at his own expense and risk.
8. If the cost of remediation is disproportionate to what is achieved, the result may be that the total/ general contractor receives a price reduction only under the rules applicable thereto, see the rules on defects in the subject matter of the contract (paragraph IX).
