Representation and proxy between the client and contractors by overcoming the principle of relativity of contracts

The possibility of direct claims of the persons at both ends, against each other, of a construction contract and a subcontracting contract, namely the owner and the subcontractor, is a debate in the doctrine. As a rule, only the contractor is liable for the damages or breaches of obligation incurred by the owner in the construction of the work subjected to the construction contract. The contractor is personally liable for the breaches of obligation of the performance assistants and subcontractors. However, subcontractors are in the position of an independent performance assistant, and there is a subcontracting agreement between the contractor and the subcontractor in the nature of a contract of work. A subcontractor is a contractor specialized in its own field. Thus, in some cases, it may be necessary to determine, direct claim possibilities of the owner and the subcontractor against each other. For example, in the event of the bankruptcy of the contractor, the subcontractor should be able to claim their wage from the owner. Furthermore, if the owner has selected the subcontractor and obliged the contractor to work with them, and the contractor has notified the owner of the subcontractor's breach of obligation, the owner should not hold the contractor liable and should have the possibility to claim directly at the subcontractor. As a result, the owner and the subcontractor, who do not have a contractual relationship with each other, should have the opportunity to claim directly against each other, for certain reasons.