Back-to-back provisions in construction contacts
![]() |
The term ‘back-to-back’ refers to the replication of contractual terms through the supply chain.
As contractors increasingly sub-contract much of their work to others, so the construction supply chain has become longer and more complex. It is important for all parties to ensure that certain rights and obligations exist not only in their own agreements, but also in the agreements contracting parties have with others. This ensures that the main contractor is not left responsible for all obligations to the employer, that sub-contractors have enforceable rights and that timings are co-ordinated throughout the supply chain.
Typically, descriptions of back-to-back requirements focus on the relationship between the employer, contractor and sub-contractors, but they apply equally to sub-sub-contractors, suppliers, consultants and sub-consultants.
In its strictest form, back-to-back refers not just to the replication of contractual rights and obligations in different levels of contract, but to a requirement that the terms of agreement at one level are included in agreements at lower levels.
This is a very complex process that requires careful consideration and drafting to ensure the correct terms - and only those terms - are passed on, that they are phrased appropriately and that requirements, and in particular timings, are properly co-ordinated.
Back-to-back provisions can be created by:
- Including reference to terms in the main contract to be included, excluded or varied in a sub-contract. This requires very careful checking as it can be difficult to identify every clause that is relevant and it results in a need to cross-reference between agreements; it also requires that sub-contractors have access to higher tier contracts.
- Drafting bespoke sub-contracts that reflect the rights and obligations in the main contract. While the end result is neater and simpler to understand than referencing, equal care needs to be taken in drafting.
- Using standard form contracts that already include back-to-back provisions in main contracts and sub-contracts.
Key aspects of construction contracts that might require back-to-back provisions include:
- Key dates, notification periods and other time-related procedures. For example, claims can fail if the timing of the sub-contract claims procedure does not give the main contractor sufficient time to make a claim themselves.
- Enforcement of dispute resolution findings and the right to participate in proceedings.
- A requirement that valid claims must be passed on.
- Allocation of liability for liquidated damages.
- Entitlement to extensions of time.
- Entitlement to loss and expense.
- Information and reporting requirements.
- The definition of completion.
- Obligations to achieve a certain quality and to comply with certain standards.
- Indemnities.
- Collateral warranties.
- Suspension and termination rights.
- Design responsibilities.
- Transfer of copyright.
The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.
[edit] Related articles on Designing Buildings
- Building Users' Insurance Against Latent Defects.
- Collateral warranties.
- Concession Contracts Regulations.
- Construction contracts.
- Contra charges.
- Flow-down term.
- Housing Grants Construction and Regeneration Act.
- Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.
- Pay when paid.
- Proprietary information.
- Sub-consultants.
- Sub-contracts.
- Z clauses.
Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).