Back-to-back agreements are commercial sub-contracts that reflect, in whole or in part, the terms of a core contract above the contract supply chain. The way agreements are restored is to transfer the same rights and obligations from one party to another, so that those who perform the work or service delivery assume responsibility and are responsible for any violation of the transferred obligations, not the “average” levels or levels (there may be more than one subcontractor in complex agreements) of the supply chain. It effectively fills all accountability gaps in the contract chain. One of the most important aspects of work contracts, which may require back-to-back provisions, is the fact that, as contractors increasingly outsource much of their work to others, the supply chain has become longer and more complex. It is important that all parties ensure that certain rights and obligations exist not only in their own agreements, but also in agreements reached by the parties with other parties. This ensures that the principal contractor is not responsible for all obligations to the employer, that subcontractors have enforceable rights, and that dates are coordinated throughout the supply chain. The principal contractors should obtain the consent of the client to hire subcontractors before attempting to enter into back-to-back contracts. Under the contract itself, the principal contractors should cede responsibility for their share of the work to the contractor. There are therefore clear benefits for contractors in the implementation of return agreements. However, in practice, it can be difficult to conclude back-to-back agreements. Autonomous contracts contain all the terms of the original contract that are relevant to subcontracting.
Such a contract can eliminate cross-references, inaccuracies and inconsistencies that are tedious. However, drafting a stand-alone contract can be even more tedious than developing a return contract, as each party must review the agreements and decide what conditions will be included in the subcontracting and what conditions need to be changed. There is no single stop solution for the various possible pitfalls associated with back-to-back contracts. Regardless of the approach taken to the development of back-to-back contracts, the decision should never be motivated by the intention to reduce a rigorously rigorous design process. Both the main contractors and the subcontractors will have a strong interest in the properly developed subcontracting.