Subcontractor
Synonyms: Sub-contractor، Specialist Contractor، Trade Contractor
Last updated: 2026-09-25
Short Definition
A subcontractor is a contractor to whom the main contractor assigns part of the work — or sometimes all of it — under a separate contract between them, such as electrical, plumbing, HVAC, waterproofing or lift works, with no direct contract with the employer in principle.
Overview
Legal Basis
Art. 473 of the Civil Transactions Law (M/191 dated 29/11/1444H) provides that the contractor may assign all or part of the work to a subcontractor unless legal provisions, the agreement or the nature of the work require otherwise or the contractor's person was a material consideration, and the contractor remains liable to the employer. Art. 474 provides that the subcontractor may not claim from the employer, for himself, anything owed to the contractor unless the contractor has assigned the claim to him. The subcontractor is also subject to the Saudi Building Code Implementation Law (M/43) regarding practice licences and code compliance, and the Contractors Classification Law (M/9 of 1443H) may apply depending on its activity and the type of project.
Practical Example
A main contractor is building a residential complex in Riyadh under a SAR 14,000,000 contract and subcontracts the electrical works for SAR 1,100,000. The main contractor delays paying SAR 300,000 owed to the electrical subcontractor, who then claims directly from the owner. The owner refuses because Art. 474 does not allow a direct claim without an assignment. The parties agree a documented assignment under which the owner pays SAR 300,000 to the electrical subcontractor and deducts it from the main contractor's dues, and work resumes. When a fault later appears in the distribution boards, the owner claims the repair from the main contractor, whose responsibility for subcontracted work remains.
Common Mistakes
- ✗Assuming the owner must pay the subcontractor directly, although the law does not allow this without an assignment from the main contractor.
- ✗Not requiring the owner's prior approval of subcontractors for sensitive works such as waterproofing, electrical and lifts.
- ✗The main contractor believing that subcontracting transfers its liability for quality and delay to the subcontractor.
- ✗Subcontracting despite a contract clause prohibiting it or where the contractor's person was a material consideration.
- ✗No written "back-to-back" contracts between main contractor and subcontractor passing down the same specifications, schedule and guarantees.
International Differences
In Egypt and the UAE, civil codes contain similar rules making the main contractor liable for subcontractors, and some give the subcontractor a limited direct action against the employer up to what the employer owes the main contractor. In Turkey the term taşeron is common and the relationship is governed by labour and obligations law. In the United Kingdom, specific legislation bans "pay-when-paid" clauses in construction contracts. In Saudi Arabia, Art. 474 allows a direct claim only through an assignment, which makes contract drafting and payment security more important.

