Checklist
Subcontract back-to-back checklist.
The gap between what you owe up the chain and what you can recover down it is where main contractors quietly lose money. This walks you through where a subcontract may not be back-to-back. It flags areas to check — it does not give a back-to-back verdict, because that always depends on the actual drafting of both contracts.
Notice-period check
A classic trap: the subcontractor has less time to notify you than you have to notify up the chain, so a valid claim arrives too late to pass on. Enter both notice periods (in days) to check.
Are the main-contract obligations relevant to this package genuinely stepped down into the subcontract?
Is the subcontract dispute-resolution path the same forum and tiers as the main contract?
Is the subcontract programme tied to the main-contract programme and key dates?
Can main-contract variations / compensation events be passed down on equivalent terms and timescales?
Are payment timings aligned so you are not required to pay the subcontractor ahead of your own certification or payment?
Are liquidated / delay damages proportionate and recoverable up the chain (no greater exposure down than you can pass up)?
Are insurance and indemnity requirements aligned with what the main contract requires of you?
Answer the questions above to build your list of areas to check.
A checklist, not a legal opinion. Whether a subcontract is genuinely back-to-back depends on the actual drafting of both contracts read together. This tool never asserts a back-to-back / not back-to-back verdict — it surfaces areas to check with your contract or adviser. Not legal advice.
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