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Plumbing Subcontractor Agreement

State of

Date:

GENERAL CONTRACTOR:
Company: ________________
License #: ________________
Contact: ________________
Address: ________________, ________, ____ _____
Phone: (___) ___-____
Email: ________________

PLUMBING SUBCONTRACTOR:
Name: ________________
Plumbing License #: ________________
License Level: ________________
Specialty: ________________
Contact: 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"); and
WHEREAS, the Project requires plumbing work including ________________ systems; and
WHEREAS, General Contractor desires to subcontract certain plumbing work to Subcontractor, a licensed plumbing professional holding ________________ License #________________ in the State of ____, 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 PLUMBING WORK

1.1 Subcontractor shall perform the following plumbing work in connection with the Project ("Plumbing Subcontract Work"):

[Scope of plumbing work will be provided]

1.2 Plumbing Specialty: ________________
1.3 Plumbing System Type: ________________
1.4 Materials Responsibility: ________________
1.5 The Plumbing Subcontract Work shall be performed in accordance with the Prime Contract documents, the applicable plumbing code (________________), all applicable building codes, and all laws, ordinances, rules, and regulations of governmental authorities having jurisdiction over plumbing work.
1.6 Subcontractor warrants that all plumbing work shall be performed by or under the direct supervision of a licensed plumber as required by the laws of the State of ____.

ARTICLE 2: PROJECT SCHEDULE

2.1 Subcontractor shall commence the Plumbing 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 in plumbing rough-in, top-out, or trim-out may delay other trades and 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, including but not limited to HVAC, electrical, and framing contractors whose work interfaces with plumbing systems.
2.4 Subcontractor shall provide General Contractor with a schedule of required plumbing inspections and coordinate inspection timing to avoid delays to other trades.

ARTICLE 3: CHANGE ORDERS

3.1 No changes to the Plumbing 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 plumbing work until a Change Order has been executed, except in cases of emergency affecting life safety or active water damage.
3.4 Change Orders shall specify the scope of changed plumbing work, the adjustment to compensation (if any), and the impact on the schedule (if any). Change Orders for plumbing work that requires additional permits or inspections shall note such requirements.

ARTICLE 4: MATERIALS & EQUIPMENT

4.1 Materials Responsibility: ________________
4.2 All plumbing materials, fixtures, pipe, fittings, and equipment furnished by Subcontractor shall be new, of good quality, and compliant with the applicable plumbing code (________________) unless otherwise specified.
4.3 Subcontractor shall protect all plumbing materials, fixtures, and equipment from damage, theft, and weather until incorporated into the work.
4.4 All plumbing materials shall bear appropriate certification marks (e.g., NSF, ASSE, CSA, UL) as required by the applicable plumbing code.
4.5 Subcontractor shall provide General Contractor with material specifications, cut sheets, and submittals for plumbing fixtures and equipment as requested.

ARTICLE 5: CODE COMPLIANCE & PERMITS

5.1 Applicable Plumbing Code: ________________
5.2 Subcontractor warrants that all plumbing work shall comply with the applicable plumbing code, all local amendments, and all laws, ordinances, and regulations of governmental authorities having jurisdiction.
5.3 Permits & Inspections Responsibility: ________________
5.4 Subcontractor shall schedule and coordinate all required plumbing inspections (including but not limited to rough-in, top-out, pressure testing, and final inspection) and provide copies of all inspection results and approvals to General Contractor promptly.
5.5 Subcontractor shall ensure all plumbing work is performed by or under the direct supervision of a plumber holding a valid ________________ license as required by the State of ____.
5.6 Subcontractor shall comply with all applicable water conservation and efficiency requirements, including low-flow fixture mandates where applicable.

ARTICLE 6: WARRANTY

6.1 Warranty Period: ________________
6.2 Subcontractor warrants that all plumbing work shall be free from defects in materials and workmanship for the warranty period commencing from the date of final completion and acceptance.
6.3 During the warranty period, Subcontractor shall promptly repair or replace, at its own expense, any defective plumbing work, including but not limited to leaks, improper drainage, inadequate water pressure, faulty connections, and code violations discovered after completion.
6.4 This warranty is in addition to and does not limit any manufacturer warranties on plumbing fixtures, equipment, or materials. Subcontractor shall assign and deliver to General Contractor all manufacturer warranties for plumbing fixtures and equipment installed.
6.5 Warranty obligations survive the completion or termination of this Agreement.

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 Plumbing Subcontract Work, to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Subcontractor, its employees, agents, or sub-subcontractors.
7.2 General Contractor shall indemnify, defend, and hold harmless Subcontractor and its 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 General Contractor's own negligent acts, errors, omissions, or willful misconduct, or General Contractor's breach of this Agreement.
7.3 Proportionate Fault: The indemnification obligations of each party under this Article shall be limited to the proportion of fault attributable to such party, its employees, agents, or subcontractors. In states that prohibit or restrict broad-form indemnity in construction contracts (anti-indemnity statute states), this indemnification provision shall be construed and enforced only to the extent permitted by the applicable state statute, and each party's indemnification obligation shall not exceed liability for its own proportionate share of fault.
7.4 Without limiting the foregoing, Subcontractor shall be responsible for all damages arising from plumbing leaks, water damage, sewer backups, gas leaks, or other plumbing failures caused by Subcontractor's defective work or failure to comply with applicable plumbing codes.

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 [state].
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.
8.4 General Contractor acknowledges Subcontractor's statutory right to file a mechanic's lien in the event of nonpayment, subject to compliance with the notice and filing requirements of the State of [state].

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. Material breach includes but is not limited to: failure to maintain a valid plumbing license, failure to pass required inspections, failure to maintain required insurance, or abandonment of work.
9.2 Termination for Convenience: General Contractor may terminate this Agreement for convenience upon fourteen (14) days' written notice. Subcontractor shall be compensated for plumbing work completed to the date of termination plus reasonable demobilization costs.
9.3 Upon termination, Subcontractor shall immediately cease work, cap all open plumbing lines, secure the work area to prevent water damage, 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 [state].

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 Plumbing Subcontract Work without prior written consent of General Contractor. Plumbing work must be performed by or under the supervision of a licensed plumber as required by state law.
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.
11.7 Licensing: Subcontractor represents and warrants that it holds all licenses and certifications required to perform plumbing work in the State of [state] and shall maintain such licenses throughout the duration of this Agreement.

ARTICLE 12: CONFIDENTIALITY & TRADE SECRETS

12.1 Each party acknowledges that it may receive confidential or proprietary information of the other party in connection with this Agreement. Each party agrees to hold such information in confidence and not to disclose it to third parties without the prior written consent of the disclosing party, except as required by law.
NOTICE OF IMMUNITY UNDER THE DEFEND TRADE SECRETS ACT: Pursuant to 18 U.S.C. § 1833(b), an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Plumbing Subcontractor Agreement as of the date first written above.

GENERAL CONTRACTOR:

Signature: ________________________
Date: ___________________________

[Company Name]
By: [Contact Person]
License #: [License #]

PLUMBING SUBCONTRACTOR:

Signature: ________________________
Date: ___________________________

[Name]
[License Level]
Plumbing License #: [License #]
Specialty: [Specialty]

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