Construction & Development

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

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. The project benefits from the subcontractor's specialist expertise, while the main contractor remains responsible to the owner. In Saudi Arabia, the Civil Transactions Law regulates subcontracting in two articles: the first allows the contractor to 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, with the contractor remaining liable to the employer; the second provides that the subcontractor may not claim from the employer any sum owed to the contractor unless the contractor has assigned (hawala) that claim to him. Owners therefore typically include clauses requiring their prior approval of subcontractors and allowing direct payment through a documented assignment where needed. Subcontracting has practical consequences: defects in the subcontractor's work remain the main contractor's responsibility, and late payment of subcontractors can halt critical site work. Government project contracts and procurement rules may also impose specific controls on subcontracting, and specialized activities may require the subcontractor to be qualified or classified in that activity.

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.

FAQs

May a contractor subcontract without the owner's permission?▾
Legally yes, unless the contract, the law or the nature of the work prohibits it or the contractor's person was a material consideration, which is why owners usually require prior approval in the contract.
Who is liable for defects in a subcontractor's work?▾
The main contractor remains liable to the employer for all the works and may then recover from the subcontractor under their contract.
Can a subcontractor claim payment from the owner?▾
He may not claim from the employer, for himself, what is owed to the main contractor unless the main contractor has assigned that claim to him (a hawala directed at the employer).
What is the difference between a subcontractor and a supplier?▾
A subcontractor performs work on site such as installation or construction, while a supplier only sells materials or equipment without execution; their contracts and liabilities differ.
Does a subcontractor need classification or a licence?▾
It must meet licensing and building-code requirements, and classification or pre-qualification may be required depending on its activity, the project type and contract terms, especially on government projects.

In Other Languages

Arabic
المقاول من الباطن

المقاول من الباطن هو مقاول يُسند إليه المقاول الرئيسي تنفيذ جزء من الأعمال — أو كلها أحياناً — بعقد مستقل بينهما، مثل أعمال الكهرباء أو السباكة أو التكييف أو العزل أو الألمنيوم أو المصاعد، دون أن تنشأ بينه وبين صاحب العمل علاقة تعاقدية مباشرة في الأصل.

English
Subcontractor

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.

Turkish
Alt Müteahhit

Alt yüklenici (taşeron), ana müteahhidin işin bir kısmını — bazen tamamını — aralarındaki ayrı bir sözleşmeyle devrettiği; elektrik, sıhhi tesisat, klima, yalıtım, alüminyum veya asansör işleri gibi işleri yapan ve ilke olarak iş sahibiyle doğrudan sözleşme ilişkisi bulunmayan müteahhittir.

Related Terms

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