Legal Question in Business Law in Australia

Subcontractor

my friend have a subcontarctor and that subcontractor also work for my friend's competitor.what should my friend do? can he sue the subcontractor?


Asked on 1/05/05, 9:43 am

1 Answer from Attorneys

Suzana Giorgio Pragma Legal, Lawyers

Re: Subcontractor

Whether or not your friend can do anything to prevent the subcontractor from working for the competition will depend on whether your friend has a contract/agreement with the subcontractor. If so, does the contract have any restrictions as far as the subcontractor working for the competition while he/she subcontracts to your friend.

Generally speaking, and absent any agreements containing terms to the contrary, a subcontractor is not precluded from working for a competitor, but that is not a �blanket� rule applicable to all industries and/or circumstances.

If your friend is suffering losses as a result of the subcontractor also working for the competition, I suggest he/she make an appointment to see a solicitors ASAP. Only when he/she provides all of the relevant facts to a solicitor can he/she be advised on whether he/she has any grounds to sue the subcontractor.

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Answered on 1/05/05, 12:10 pm


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