Subappalti

Subappalti, or subcontracting, is the practice by which a primary contractor delegates portions of contract work to one or more subcontractors. It is common in fields such as construction, engineering, building services, and information technology, and can occur in both public procurement and private sector contracts. The main contractor remains responsible for the overall delivery of the contract, including the portions carried out by subcontractors.

Legal and contractual framework generally allows subappalto under conditions set by law, the contract, and the contracting authority. In many systems, the use of subcontractors requires prior notice or consent, and there may be limits on which parts of the work can be subcontracted or on the share of the contract that may be delegated. The client or contracting authority can impose qualifications for subcontractors and require transparency about who will perform the work.

Subcontractors are typically subject to the same professional, financial, and legal requirements as the primary contractor. They must comply with applicable labor, safety, tax, and social security obligations, and their performance is ultimately the responsibility of the principal contractor. The principal contractor bears liability for the acts and omissions of subcontractors, as well as for ensuring that subcontracted work aligns with the contract’s quality and safety standards.

Subappalti can offer flexibility and access to specialized expertise, but it can also introduce risks such as delays, quality concerns, and reduced direct oversight. Contractual remedies for issues include penalties, modification, or termination, depending on the terms of the agreement.