Do you use subcontractors?
The firm you sign with may not be the people who do the work. Subcontracting can be sensible; it also raises questions about confidentiality, quality and who answers for the claim.
The one-line version
Do you subcontract any of the work, to whom, and do you remain responsible for all of it?
Why it matters
Advisers can subcontract parts of the work: technical writing, specialist review, or the whole claim. There can be good reasons, such as bringing in someone who knows your field. It also means your technical information, your financial records and the claim itself pass to people you have not met and have no contract with. If something goes wrong, the letter decides whether the adviser answers for the subcontractor's work.
What a good answer sounds like
A clear statement of which parts of the work, if any, are subcontracted and to whom. Confidentiality terms that bind the subcontractor as they bind the adviser. A statement that the adviser remains responsible for the whole claim. The same access for you to the people doing the technical work, whoever employs them.
What should make you ask more
Work passed on without telling you. Your information shared under confidentiality terms you have not seen. An adviser who disclaims responsibility for a subcontractor's part of the claim. Technical descriptions written by someone who has never spoken to your team.
Read next
- The clause: confidentiality
- The script: asking to see the claim before filing
- Red flag: no one speaks to your engineers. Green flag: named people with qualifications you can check
- Who will do the technical work?
Rules and common practice differ between countries. See the page for your country.
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