Fueyo Podcast se05e03: cláusula back to back
Ricardo Quezada, an academic at the University of Chile, and Carlos Pizarro, a professor at that School and at Diego Portales University (Executive Secretary of the Fernando Fueyo-UDP Foundation), break down the "back-to-back" clause in this new Fueyo Podcast, focusing mainly on construction contracts, where it is common for the client—typically the State, through public concessions—to contract a project to a "contractor," who, in turn, commissions parts or the whole to a third party. Even when the contractor is authorized by the client to subcontract, the primary responsibility and relationship remain unaffected, in theory, by the relationship between the main contractor and the subcontractor. This creates certain asymmetries to the detriment of the latter, as well as a disregard for the duties that the State, for example, has towards those physically working on the project, according to the jurisprudence of "the burden of proof" and the active and passive capacity to sue and be sued, which civil law experts criticize in this discussion. --- We are a digital media outlet with news from the legal world and the legal profession, for Latin America and Spain. You can see all our content at https://bit.ly/idealexpress You can also subscribe to our YouTube channel https://bit.ly/3guCd7W

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