2) Critical Notes
This case is significant in that: i) it expanded the scope of applicability for the duty to
deliver written documents of terms to include, not only the main provisions of the subcontract
but also details of the sub-subcontract, such as terms in relation to mold manufacturing that
accompanies injections (governed by subcontracts); and ii) even if there was no actual
damage incurred by the subcontractor from delay of delivery, the delay is deemed to be
illegal. The following is a discussion of case law in relation to the duty to deliver written
documents with terms.
Duty to deliver written documents is the most basic duty of the contractor under the
Subcontract Act as well as one of its primary requirements