Subcontracting in Construction and Privity of Contract: Defining the Nexus

Abstract

This article will examine the suitability of the Jordanian legal system in providing sufficient protection in the field of subcontracting in construction contracts. The author argues that there are serious obstacles in terms of substantive and procedural protection of subcontractors in construction industry in Jordan. The Jordanian law deals with the issue of subcontracting in a very generic way due to the lack of clear construction law principles. Ironically, there are only two articles of the Jordanian Civil Code addressing subcontracting specifically (Articles 798 and 799). However, it is vital to remember that, under the Jordanian law, the principle statutory source of regulation is implemented through the general rules and principles of contract and tort law. The article concludes that detrimental effects of the articles regulating subcontracting in Jordan is restricting the applicability of the general rules of contract and tort law.