Subcontractor Agreement Templates

Independent contractors provide labor under a contract with their employer, client or customer. Subcontractors, on the other hand, offer services under a contract with an independent contractor.

In other words, a subcontractor is essentially a contractor for a contractor. Take a closer look at how a subcontractor agreement works.

Definition of a Subcontractor Agreement

What is a subcontractor agreement? It’s an employment contract where an independent contractor is the employer.

These workers often provide expertise or licensing needed by the contractor to complete a project. For example, in construction, a general contractor may hire a plumbing subcontractor. Understanding how contractor and subcontractor roles differ helps clarify who answers to the client and who answers to the contractor.

However, this relationship is not limited to construction. A business might hire a marketing agency to launch its new product, and the marketing agency might, in turn, hire a social media subcontractor.

Key Components of a Subcontractor Agreement

Some key components of a subcontractor relationship include:

• The subcontractor provides labor to the contractor.
• The contractor is directly answerable to the customer or client.
• The subcontractor is hired as an independent contractor rather than an employee.

The subcontractor agreement should reflect this relationship by identifying the contractor as the party to the agreement and defining the project to be completed. It should set deadlines and benchmarks and describe the compensation to be paid.

Why a Clear Agreement Matters

Generating a clear agreement has two primary benefits. First, a clear agreement can prevent disputes because the parties will understand its terms. Second, a judge can more easily determine when a breach occurs if the terms of the contract are clear.

To ensure you have a clear subcontractor agreement, consider using templates. What is a subcontractor agreement template? A template can ensure that your agreement includes the necessary components for a valid and enforceable agreement in your state.

In most cases, you can generate a subcontractor agreement with templates like these:

• Use an independent contractor agreement template to define the project’s scope.
• Use a construction subcontractor agreement template for construction projects, or a cleaning subcontractor agreement when a cleaning company hands off jobs to an outside cleaner.
• Use a contractor unilateral NDA template to prevent the subcontractor from disclosing company information.

As you fill in your templates, make sure the employer is the independent contractor rather than the ultimate customer or client.

What to Watch Out for Before Signing

Valid contracts must meet certain standards. If the contract includes terms you didn’t agree to, it may be invalid. Moreover, the terms of the contract should be readily understandable. Ambiguous terms, like paying your fee if the work is “acceptable,” could set you up for a dispute.

Additionally, subcontractor agreements raise issues, such as workers’ compensation coverage, that you might not see in other employment relationships. Many states require subcontractors to carry workers’ compensation insurance for their employees. But if the subcontractor is uninsured, the general contractor might be deemed the subcontractor’s statutory employer for workers’ comp purposes. This is one reason it’s important to understand the difference between a subcontractor and an employee before work begins.

California law, for example, includes anyone under “contract for hire” within its definition of employees covered by a company’s workers’ comp policy. This means general contractors should generally obligate subcontractors to carry workers’ compensation insurance in the subcontractor agreement.

Ending a Subcontractor Agreement Early

What is a subcontractor agreement termination clause? This clause allows you to terminate early if certain events do not occur. For instance, a contract might give you the right to terminate if your fee is not paid on time.

You may also have the right to terminate if the other party indicates that they will not perform under the contract or hinders your ability to perform. Locking the door so you cannot access a construction site and dodging your calls might justify termination.

If neither of these conditions exists, the subcontractor might have breached the agreement by ending it early. A breach happens when a party fails to fulfill its obligations outlined in the agreement without legal justification.

What Happens When You Breach a Subcontractor Agreement?

A non-breaching party can sue for damages when the other party commits a breach of employment contract. In most states, a court can award “expectation damages” against the breaching party. Expectation damages cover what the non-breaching party would have received if the other party had performed as required.

Alternatively, a court can attempt to put the non-breaching party in the position it would have been in if the breach had not happened. For instance, imagine a building contractor hired an electrical subcontractor for a construction project, and that subcontractor caused the project not to be completed on time.

The building contractor could sue for economic damages to recoup costs, such as the expense of hiring a replacement electrician and any penalties the customer charged when the project didn’t meet the deadline.

Creating the Right Subcontractor Agreement Is Vital

Subcontractor agreements add complexity to a project. However, a clear subcontractor agreement can protect subcontractors, general contractors and clients alike. Explore our collection of forms and legal guides at ConsumerShield today.