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Subcontractor Agreement
Subcontractor Agreement
State of
Date:
GENERAL CONTRACTOR:
Company: ________________
License #: ________________
Contact: ________________
Address: ________________, ________, ____ _____
Phone: (___) ___-____
Email: ________________
Company: ________________
License #: ________________
Contact: ________________
Address: ________________, ________, ____ _____
Phone: (___) ___-____
Email: ________________
SUBCONTRACTOR:
Name: ________________
Trade: ________________
Address: ________________, ________, ____ _____
Phone: (___) ___-____
Email: ________________
Name: ________________
Trade: ________________
Address: ________________, ________, ____ _____
Phone: (___) ___-____
Email: ________________
RECITALS
WHEREAS, General Contractor has entered into a prime contract ("Prime Contract") with the Property Owner for the project known as ________________ located at ________________, ________, ____ _____ (the "Project"); andWHEREAS, General Contractor desires to subcontract certain work to Subcontractor, and Subcontractor desires to perform such work, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:
ARTICLE 1: SCOPE OF SUBCONTRACT WORK
1.1 Subcontractor shall perform the following work in connection with the Project ("Subcontract Work"):[Scope of work will be provided]
1.2 Trade/Specialty: ________________
1.3 Materials Responsibility: ________________
1.4 The Subcontract Work shall be performed in accordance with the Prime Contract documents, applicable building codes, and all laws, ordinances, rules, and regulations of governmental authorities having jurisdiction.
ARTICLE 2: PROJECT SCHEDULE
2.1 Subcontractor shall commence the Subcontract Work upon written notice from General Contractor and shall prosecute the work diligently to completion.2.2 Subcontractor acknowledges that time is of the essence and that delays may result in damages to General Contractor under the Prime Contract.
2.3 Subcontractor shall coordinate its work with other subcontractors and trades as directed by General Contractor.
ARTICLE 3: CHANGE ORDERS
3.1 No changes to the Subcontract Work shall be made except by written Change Order signed by both parties.3.2 Change Order Process: ________________
3.3 Subcontractor shall not proceed with changed work until a Change Order has been executed, except in cases of emergency affecting life safety.
3.4 Change Orders shall specify the scope of changed work, the adjustment to compensation (if any), and the impact on the schedule (if any).
ARTICLE 4: MATERIALS & EQUIPMENT
4.1 Materials Responsibility: ________________4.2 All materials and equipment furnished by Subcontractor shall be new and of good quality unless otherwise specified.
4.3 Subcontractor shall protect all materials and equipment from damage, theft, and weather until incorporated into the work.
ARTICLE 5: INSURANCE REQUIREMENTS
5.1 Subcontractor shall maintain the following insurance coverage throughout the duration of the Subcontract Work:General Liability Insurance — Minimum $1,000,000 per occurrence
Workers' Compensation Insurance — As required by state law
Commercial Auto Insurance
Umbrella/Excess Liability
ARTICLE 6: PERMITS & INSPECTIONS
6.1 Permits & Inspections Responsibility: ________________6.2 Subcontractor shall comply with all applicable building codes, zoning regulations, and permit requirements.
6.3 Subcontractor shall schedule and coordinate all required inspections and provide copies of inspection results to General Contractor.
6.4 Cleanup: ________________
ARTICLE 7: INDEMNIFICATION
7.1 Subcontractor shall indemnify, defend, and hold harmless General Contractor, the Property Owner, and their respective officers, directors, agents, and employees from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from the performance of the Subcontract Work, to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Subcontractor, its employees, agents, or sub-subcontractors.ARTICLE 8: MECHANIC'S LIEN RIGHTS
8.1 Subcontractor's right to file a mechanic's lien shall be governed by the laws of the State of ________________.8.2 Subcontractor agrees to provide lien waivers (conditional or unconditional, as applicable) with each payment application.
8.3 Upon receipt of final payment, Subcontractor shall execute a final unconditional lien waiver releasing all lien rights against the Project.
ARTICLE 9: TERMINATION
9.1 Termination for Cause: General Contractor may terminate this Agreement if Subcontractor materially breaches any provision and fails to cure such breach within seven (7) days of written notice.9.2 Termination for Convenience: General Contractor may terminate this Agreement for convenience upon fourteen (14) days' written notice. Subcontractor shall be compensated for work completed to the date of termination plus reasonable demobilization costs.
9.3 Upon termination, Subcontractor shall immediately cease work, secure the work area, and remove its equipment and materials from the Project site.
ARTICLE 10: DISPUTE RESOLUTION
10.1 The parties shall attempt to resolve any disputes arising under this Agreement through good-faith negotiation.10.2 If negotiation fails, the parties agree to submit the dispute to mediation before initiating any legal action.
10.3 This Agreement shall be governed by and construed in accordance with the laws of the State of ________________.
ARTICLE 11: GENERAL PROVISIONS
11.1 Independent Contractor: Subcontractor is an independent contractor and not an employee, agent, joint venturer, or partner of General Contractor.11.2 Assignment: Subcontractor shall not assign this Agreement or subcontract any portion of the Subcontract Work without prior written consent of General Contractor.
11.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.
11.4 Amendments: No modification of this Agreement shall be valid unless in writing and signed by both parties.
11.5 Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force.
11.6 Notices: All notices shall be in writing and delivered to the addresses set forth above.
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Subcontractor Agreement as of the date first written above.GENERAL CONTRACTOR:
Signature: ___________________
Date: ___________________
Printed Name: [gc_company_name]
By: [gc_contact_person]
License #: [gc_license_number]
Signature: ___________________
Date: ___________________
Printed Name: [gc_company_name]
By: [gc_contact_person]
License #: [gc_license_number]
SUBCONTRACTOR:
Signature: ___________________
Date: ___________________
Printed Name: [sub_name]
Trade: [sub_trade]
Signature: ___________________
Date: ___________________
Printed Name: [sub_name]
Trade: [sub_trade]
EXHIBIT A: SCOPE OF WORK DETAIL
[Scope of work detail]
EXHIBIT B: INSURANCE CERTIFICATES
(To be attached — Subcontractor shall provide COI prior to commencement)
Frequently Asked Questions
Subcontractor Agreement