(1) No prime contractor shall perform any act to practically avoid the application of this Act through circumventive means in relation to a subcontract transaction (including transactions to which Article 13 (11) applies). <Amended on Jul. 24, 2015; Jul. 18, 2023>
(2) Notwithstanding paragraph (1), Article 3 (5) shall take precedence with respect to an act by a prime contractor that intends to abuse his or her superior bargaining position or avoid the application of Article 3 by fraud or other improper means, in relation to the subcontract price adjustment system. <Added on Jul. 18, 2023>[This Article Wholly Amended on Apr. 1, 2009]