It is important that the contract between the main contractor and the customer and

between the main contractor and subcontractors are back to back

Back-to-back agreements, by which a main contractor seeks to pass its obligations and liabilities
towards the employer through to its subcontractor(s), are becoming an increasingly common
feature of construction projects. While they can be a convenient means of transferring risks and
obligations down the chain of responsibility, inadequate drafting can give rise to disputes which
are particularly complex and difficult to resolve.
In this newsletter we discuss the key reasons why back-to-back contracts can be particularly
contentious and the main drafting issues that need to be considered and addressed in order to
minimize the risk of disputes.
The back to back subcontract
Another common but potentially disastrous approach to subcontract drafting is to stipulate that
the subcontract is back to back with the main contract and the subcontractor is required to
comply with all relevant obligations of the main contract. Commonly, this brief form of
subcontract will include a copy of the main contract.