Main Contractor in Procurement Law 2026

Definition: The main contractor is the company to which the contract is awarded in the procurement procedure and which bears sole and full responsibility vis-à-vis the public contracting authority for performance of the contract, irrespective of whether parts of the work are passed on to subcontractors.

Last updated: January 2026 · Legal basis: BVergG 2018; GWB; VOB/B; ÖNORM B 2110

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What is the main contractor?

The main contractor (also: general contractor in the case of comprehensive contracts) is the direct contractual partner of the public contracting authority and remains responsible to it for the entire performance, even where it passes on parts of the work to subcontractors. The term main contractor is relevant above all in distinction to the subcontractor: while a subcontractor has no direct contractual relationship with the public contracting authority, the main contractor is the sole debtor of the contractually owed performance.

Liability for subcontractors

The main contractor is also liable to the contracting authority for the conduct and performance of its subcontractors. This is a central principle of procurement law: the public contracting authority need not coordinate multiple contractual partners but can address itself to the main contractor. The main contractor bears the risk of selecting and coordinating subcontractors.

Use of subcontractors and procurement law

In the procurement procedure, the bidder often has to state which services they intend to pass on to subcontractors and which subcontractors they intend to use. The contracting authority can monitor the use of subcontractors and make it subject to approval. It can refuse the use of certain subcontractors if they fulfil exclusion grounds under § 123 or § 124 GWB.

Distinction from the Generalunternehmer

In construction, the term Generalunternehmer refers to a main contractor that owes all construction services to the contracting authority and typically subcontracts many services. With the Generalübernehmer (GÜ), even design services are included. The status as main contractor under procurement law remains the same in both cases.

FAQ

Can a main contractor be replaced after the award? A change of contractor is possible in public procurement law only under narrow conditions (§ 132 GWB; § 365 BVergG 2018) and is regarded as a material amendment to the contract that may require a fresh tender.

Is the main contractor also liable for procurement-law breaches by its subcontractors? In the internal relationship, yes; vis-à-vis the contracting authority, the main contractor is responsible for performance in accordance with the contract. From a procurement-law perspective, the contracting authority can examine exclusion grounds in respect of subcontractors and prohibit their use.

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Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.