Agreement Between a Contractor and a Subcontractor
AGREEMENT BETWEEN A CONTRACTOR AND A SUBCONTRACTOR
Project Location
Project Name
Address Line 1
Address Line 2
Contractor Name
(Referred to as Builder or Developer or Owner)
Address Line 1
Address Line 2
And:
Subcontractor Name
(Referred to as Subcontractor or Contractor or Trade Contractor)
Address 1
Address 2
Scope of work: Note specifics here or list attached documents like a PO or plans.
For the sum of $000,000
In consideration of the promises, covenants, terms and conditions set forth herein, the Contractor and Subcontractor agree as follows:
1. GENERAL
Subcontractor agrees to furnish, in accordance with the terms and conditions of this contract, all labor, materials if applicable, and equipment, layout, supervision, and taxes (if applicable) in order to complete, in a first-class, professional manner, the work set forth in this contract, detailed construction specs, blue prints, and purchase order. Such work shall be performed in accordance with the plans and specifications and comply with the most current and applicable National Building Codes requirements. No deviation from the architectural plans or the engineering plans shall be allowed without written authorization.
Details of the work which are not specifically covered herein or on the plans and specifications, but which are reasonably implied or are normally considered part of the job for that trade shall not be limited to the plans and specifications and shall be furnished by the Subcontractor at no extra cost as though it were specifically shown and mentioned in both the plans and specifications. In the event of discrepancies on the plans, written dimensions shall govern over scaled dimensions.
At the completion of each phase of the Subcontractor’s job, all work areas shall be left free of debris, packaging, and other by-products resulting from this trade. All debris, packaging, and by-products related to this trade shall be disposed of into the appropriate containers. The building should be left in broom-swept condition at the end of the day, or where this is not practical, at the completion of the Subcontractor’s work.
All installed materials must be protected, this statement covers items whether supplied by the Trade Contractor or installed only. The quality of our product depends on careful and timely protection. Please be sure to protect your work and if you find it necessary to remove any protection please reinstall.
2. INSURANCE REQUIREMENTS
Subcontractor, at its own expense, shall procure, carry, and maintain on all of its operations, workers’ compensation and employer’s liability insurance covering all of its employees, public liability and property damage insurance, and automotive public liability and property damage insurance. Subcontractor must provide Owner with an original Certificate of Insurance before entering the job site. The Contractor shall name thr Builder, along with their respective officers, agents, and employees as additional insured for ongoing operations and products/completed operations on the subcontractor’s commercial general liability policy on a primary and non-contributory basis.
3. INDEMNIFICATION/ HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, Subcontractor shall indemnify and hold harmless the Owner, Architect, and the Builder and all of their agents and employees from and against all claims, damages, losses, and expenses, including but not limited to, attorney’s fees, arising out of or resulting from the performance of Subcontractor’s work to the extent caused in whole or in part by the Subcontractor or anyone directly or indirectly employed by the Subcontractor. Subcontractor shall hold the developer and its employees harmless of any responsibilities. Subcontractor is completely responsible for his or her work and employees and materials supplied.
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4. PAYMENT & PRICE & BILLING
Subcontractor, upon completion of the work, must comply with the terms of this document, plans, project details, and purchase orders before any invoice will be considered for payment.Payment by the Builder shall not be interpreted to mean that Subcontractor has performed all of its obligations pursuant to this agreement. Payment is not evidence of acceptance of non-conforming or defective work.
5. PRIOR AGREEMENTS
This Agreement sets forth the entire understanding of the parties hereto and supersedes all other agreements and understandings among or between any of the parties hereto relating to the subject matter hereof and may not be contradicted by evidence of prior or contemporaneous written agreements or subsequent verbal agreements of the parties. Only a written subsequent agreement may supersede the terms of this Agreement insomuch as it is clearly presented and agreed-to by both parties to be an amendment to this Agreement.
6. WARANTY:List your warranty requirements
7. DRUG FREE WORKPLACE: The Company is a drug-free workplace. The use of any controlled substances (drugs) or alcohol on any of The Company’s jobsite(s) is not permitted. Should the Trade Contractor, his or her employees and/or trade contractors be found to be in possession of either drugs or alcohol on the jobsite(s) the Trade Contractor will be requested to leave the jobsite and will not be allowed to return to work until the problem has been resolved. NO SMOKING IS ALLOWED INSIDE ANY BUILDING OR STRUCTURE AT ANYTIME.
8. MATERIALS: The contractor retains ownership of his materials until they are installed and paid for by the owner. Any materials left or stored on site that are stolen, missing, unaccounted for, or damaged by vandalism are still the property of the trade contractor. Materials do not become owned by the developer until the material is installed, paid for, and accepted. All materials types and product specifics are spelled out in the plans. No deviation from the required specified products, colors, types, or manufacturers will be excepted unless submitted in writing and signed off and approved by the owner.
9. SUPPLIER AND MATERIAL PAYMENTS: Buy signing this agreement you the Subcontractor agree to pay for all your materials and labor supplied on all of our projects. You agree that it is your responsibility to pay for your costs and expenses. The developer assumes that you are making timely payments to your vendors and suppliers and employees and will not require any specific sign offs at time of payment. By signing this document you release The Developer from any responsibility to your suppliers.
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General Contractor
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Subcontractor
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