مسؤولية المقاول العقدية عن فعل الغير

Abstract EN

This study attempts to understand the contractual liability, trying to clarify the contractor's responsibilities, in fact, the contractor can hire other persons (substitutes) who are not part of the contract, in order to assist him in his work, like a subcontractor, who is an individual that accept to perform part or all of contractor's work or could be its employees (agents).

In this regard, the contractor will be responsible to the employer for its obligations under the master contract, regardless of whether any breach is caused by the subcontractor or its employee, failing to perform its obligations under the contract.

While there are three conditions make the contractor responsible for substitutes’acts: The existence of the contract between the contractor and the employee, when the contractor uses a substitute to assist him in executing its contractual commitments, when the substitute violates the contract.

However, the contractor may escape liability if it could deny the contractual mistake, or it could prove that an external factor caused this mistake, or it has explicitly stipulated to be exempt from such liability.