(1) Yes, because it is the withholding or refusal to issue a certificate and also because the subcontractor is considered an agent or employee of the contractor. Mr. Le Pelley, as I understand it, the employer, if he understood it correctly, should be empowered to appoint a subcontractor under Article 20, point f), and compel the subcontractor to accept such a subcontractor, be liable for all faults committed by such a subcontractor and be subject to the same corrective measures as would have been subject to the contractor if the contractor had carried out such work. In support of this assertion, he relied on the English case of the Northern Region Health Authority against Derek Crounch Construction Co Ltd (1984) QB A 644. In this case, the employer had entered into a contract with the contractor with provisions similar to those currently in effect with the contractor. It was also held that the contractor had entered into a contract similar to that with the subcontractor and, when the employer`s representative refused to approve a certificate in that case, the Court of Appeal ruled that the subcontractor had the right to use the name of the principal contractor to invoke the compromise clause as a subcontractor. , named Crown would have suffered an injustice in the circumstances of the case. Legally, one is considered an agent when he acts for another with the consent of the other. One can also be considered the agent of the other by legal or arrangement activities. In this case, the contractor has the right to appoint a subcontractor who, in any event, would be considered his agent and, in the event of a dispute between the employer and the subcontractor, I believe that the contractor would be liable for those acts or would have the right to claim services provided on his behalf by such a subcontractor.
I think that would also be the case when you are considered an agent, whether by agreement or by application of the law. 4. Contractors (plaintiffs) had the right to appoint a subcontractor who would be definitively considered their agent and, in the event of a dispute between the employer and the subcontractor, the contractors would be liable for these acts or would be entitled to claim a claim arising from services provided on their behalf by these subcontractors. The plaintiffs entered into a construction contract with the government for the construction of certain facilities at Nyeri Provincial Hospital. Under the main contract, the parties were entitled to refer all related disputes to arbitration. In accordance with the terms of the main contract, the contractors appointed a subcontractor and duly entered into a standard form contract with the subcontractor. 3. One is considered an agent if he acts for another with the agreement of the other. You can also be an agent of another through an agreement or an agreement. By this original citation, presented in accordance with Rule 3 of the Arbitration Regulations and Section 22 bis of the Arbitration Act, the applicants wish the Tribunal to decide whether they can both initiate arbitration proceedings on the basis of a principal contract between the first applicant and the respondent, or on an interim contract between the applicants, solely at the initiative of the respondent.