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https://constructionfinance.com/who-are-you-first-second-and-third-tier-subcontractors/
As a first tier sub, these terms and conditions will be very apparent to you. What deadlines, materials etc. are expected from you. However, the second, third and fourth tier sub contractor may not know what the first tier and general contractor signed in their contracts. Many times they don’t ask to see the contracts.
https://www.lawinsider.com/dictionary/third-tier-contractor
Third tier contractor. definition. Open Split View. Third tier contractor means a firm that has contracted with a subcontractor to provide services and/or materiel in connection with a …
https://www.levelset.com/payment-help/question/what-is-our-obligation-to-a-third-tier-subcontractor-who-has-filed-a-preliminary-notice/
Receiving preliminary notices doesn't generally create any additional requirements for a contractor. Though, if a contractor has received preliminary notice from some sub-tier party, they'd need to send that party a copy of the project's Notice of Commencement if one is filed. And, if some sub-tier party requests the owner's information in ...
https://www.floridaconstructionlegalupdates.com/tag/third-tier-contractors/
MILLER ACT PAYMENT BOND AND THIRD TIER SUBS OR SUPPLIERS. Subcontractors and suppliers working on federal projects need to understand their recourse in the event they remain unpaid–the Miller Act payment bond (40 USC s. 3131 – 3134). Prime contractors, likewise, need to know how far down stream their Miller Act payment bond applies.
https://www.transit.dot.gov/funding/procurement/third-party-procurement/contract-clauses
The Contract Work Hours and Safety Standards Act Clause requires contractors to pay time and a half for all hours worked above 40 in a week. That clause is required to be in all grantee third party contracts and is discussed in the Best Practices Procurement Manual Appendix A.1 #17.
https://www.transit.dot.gov/funding/procurement/third-party-procurement/time-materials-contracts
A. The Federal Acquisition Regulations (FAR) in its discussion of Time and Materials contracts at subpart 16.601 (b) (2) says that material handling costs are to include only those costs that are clearly excluded from the "labor hour rate." The labor hour rate would include direct labor cost (salary) and overhead charges (and/or G&A charges).
https://www.acquisition.gov/far/part-44
Under cost-reimbursement contracts, the contractor is required by statute to notify the contracting officer as follows: (a) For the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration, unless the contractor maintains an approved purchasing system, 10 U.S.C. 2306 requires notification before the award of any cost-plus-fixed-fee subcontract, or any …
https://www.gsa.gov/Forms/TrackForm/32842
6. The prime contract does, does not contain the clause entitled "Contract Work Hours and Safety Standards Act -- Overtime Compensation." 7. The prime contractor states that under the contract shown in Item 1, a subcontract was awarded on the date shown in Item 2 to the subcontractor identified in item 5 by the following firm: a.
http://dcaacompliance.com/just-what-is-a-subcontractor/
FAR 3.502-1. “Subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. “Subcontractor” (1) means any person, other than the prime contractor, who offers to furnish or furnishes any ...
http://www.wifcon.com/discussion/index.php?/topic/2007-consent-for-2nd-tier-subs/
While not exactly on the point of consent, there is no privity of contract beween the Govt and the Prime's subs. I do have one additional thought concerning 2nd tier subs-should the 1st tier sub wish to issue a subcontract to a 2nd tier sub, and the value of the 1st tier's subcontract increases, then, depending on the value, consent may be required.
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