Since, there is no written contractual agreement between the Bureau and the Subcontractor, the Subcontractor has a direct Contract with the Contractor to perform a portion of the Work at the site. This Contract should be in writing for validity. The Subcontractor should assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, has towards the Owner with respect to the Work to be performed by the Subcontractor. The Subcontractor, unless specifically provided otherwise in the subcontract agreement, is allowed the same benefit of rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner.
Should the Contractor fail to carry out the subcontract agreement with the Subcontractor, the Bureau, acting as Owner, is not bound by law to intercede. The Subcontractor should contact the Contractor's Bonding Company directly for redress. The Bureau does, however, request a copy of any complaint submitted by a Subcontractor regarding a current Contractor.
12 Miss. Code. R. 3-2.1-700.11