The contractor (Bloggs Haulage) should ensure I the terms of
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the subcontract incorporate the terms the main contract so that the subcontractor's (Bros Haulage) obligations are the same as its own undl the main contract. So to protect itself, Boggs neec think carefully about the wording. This will ensure I work is carried out to the client's requirements.
If Bloggs agreed with Brown that Brown would c out work "based on the main contract terms", out not incorporate all relevant terms of the main contr into the subcontract, then Bloggs would be at risk This is the case even if Brown knew all the terms c main contract anyway. A subcontractor's knowled! of the main contract terms may not be sufficient to prove it has agreed to be bound by them.
If a formal subcontract has not been drawn up a subcontractor has carried out the obligations un the main contract, the courts may be prepared to flexible in approach by finding that a subcontract exists in the light of the nature of the transaction. B do you want to take that risk?