Nominated Subcontractors; Objection to Nomination Clause Samples

The 'Nominated Subcontractors; Objection to Nomination' clause defines the process by which a party, typically the employer or architect, can propose specific subcontractors to perform certain portions of the work, while also allowing the main contractor to object to these nominations under specified circumstances. In practice, this clause outlines the criteria and procedures for both nominating subcontractors and raising objections, such as concerns about the subcontractor’s qualifications, financial stability, or ability to meet project requirements. Its core function is to balance the employer’s interest in selecting preferred subcontractors with the contractor’s need to manage project risks and ensure reliable performance, thereby promoting fairness and minimizing disputes over subcontractor selection.
Nominated Subcontractors; Objection to Nomination. The Contractor shall not be required by the Employer or the Engineer, or be deemed to be under any obligation, to employ any nominated Subcontractor against whom the Contractor may raise reasonable objection or who declines to enter into a subcontract with the Contractor containing provisions: (a) that in respect of the work, goods, materials, Plant or services the subject of the subcontract, the nominated Subcontractor will undertake towards the Contractor such obligations and liabilities as will enable the Contractor to discharge his own obligations and liabilities towards the Employer under the terms of the Contract and will save harmless and indemnify the Contractor from and against the same and from all claims, proceedings, damages, costs, charges and expenses whatsoever arising out of or in connection therewith, or arising out of or in connection with any failure to perform such obligations or to fulfil such liabilities, and (b) that the nominated Subcontractor will keep harmless and indemnify the Contractor from and against any negligence by the nominated Subcontractor, his agents, workmen and servants and from and against any misuse by him or them of any Temporary Works provided by the Contractor for the purposes of the Contract and from all claims as aforesaid.
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Nominated Subcontractors; Objection to Nomination. The Contractor shall not be required by the Employer or the Engineer, or be deemed to be under any obligation, to employ any nominated Subcontractor against whom the Contractor may raise reasonable objection or who declines to enter into a subcontract with the Contractor containing provisions:
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