11.2 (17) Definition Removed from Contract

If in a framework agreement the definition of a Subcontractor means a person (agents, etc) engaged to perform part or all of the work, and Clause 11.2(17) has been removed from the project specific contract does that mean all non-employees are Sub-Contractors and subject to Clause 26?

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Simply deleting the definition of “Subcontractor” doesn’t remove the idea of an entity being a subcontractor. All it does is remove the agreed definition and leave you with a plain English term. Whether that terms tracks back to the Framework definitions will be subject to how the Framework operates. However, I suspect a court would find a definition of subcontractor very similar (ie identical) to that set out in 11.2(17). This is one of those questions you really don’t want answered by a judge or equivalent, this needs to be sorted out at Framework/Project level asap.