What Should Be Included
Contractor and Subcontractor Information
Concrete subcontractor agreements must include each party’s name and mailing address.
Service Description
The service description defines what work the concrete subcontractor will and will not perform. Services may be added to or removed from the completed agreement by executing a “change order.”
Commencement and Completion Dates
The agreement must specify the start and end dates of the contract. By doing so, the subcontractor can more effectively time the acquisition of building permits and manage job site equipment and materials.
Payment Terms
Payment terms explain how the contractor must compensate the subcontractor. They specify how much the subcontractor charges, how frequently the contractor will make payments, and how the money will be issued.
Subcontractor Responsibilities
The agreement should state whether the subcontractor will be required to provide supplies, equipment, labor, or anything else needed to carry out the concrete services.
Dispute Resolution Procedures
Dispute resolution procedures determine whether disagreements will be negotiated through a neutral mediator or settled through state-regulated arbitration.
Insurance Protection
An insurance protection clause ensures that the subcontractor will bear full responsibility for their actions and the actions of their employees and personnel.
Termination Provisions
Termination provisions indicate whether the parties can terminate the agreement before the subcontractor’s work is complete.
Sample
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CONCRETE SUBCONTRACTOR AGREEMENT
1. THE PARTIES. This Subcontractor Agreement (the “Agreement”) is made between [CONTRACTOR NAME] with a mailing address of [CONTRACTOR ADDRESS] (the “Contractor”) and [SUBCONTRACTOR NAME] with a mailing address of [SUBCONTRACTOR ADDRESS] (the “Subcontractor”).
WHEREAS, the Contractor intends to pay the Subcontractor for Services provided, effective [MM/DD/YYYY], under the following terms and conditions:
2. THE CLIENT. The Subcontractor acknowledges that any work performed under this Agreement must be in accordance with the latest version of the agreement made between the Contractor and [CLIENT NAME], who has a mailing address of [CLIENT MAILING ADDRESS] (the “Client”).
3. SERVICES & RESPONSIBILITIES. The Subcontractor agrees to perform and be responsible for the following: [LIST SERVICES AND RESPONSIBILITIES] (hereinafter the “Services”).
4. LOCATION. The primary location for the Services completed by the Subcontractor shall be [ADDRESS].
5. START & END DATES. The Subcontractor shall be permitted to begin the Services on [MM/DD/YYYY] and shall complete the services in a reasonable time period in accordance with industry standards.
6. PAYMENT AMOUNT. Payment for the Services shall be as follows: [COMPENSATION (e.g., $30/hr)]. Payment shall be made by the Contractor to the Subcontractor as follows: [PAYMENT FREQUENCY (e.g., weekly paid on Friday)].
7. TERMINATION. During the course of this Agreement, either party can terminate this agreement by providing [#] days’ notice to the other party.
8. SUBCONTRACTING. The Subcontractor shall (☐ Have | ☐ Not Have) the right to Subcontract, either in part or in whole, the Services authorized under this agreement.
9. RESOLUTION OF DISPUTES. If a dispute arises concerning the provisions of this Agreement or the performance of any of the parties mentioned, the parties hereby agree to settle the dispute by equally paying for binding arbitration as regulated under the laws in the state where the Services are being performed.
10. ASSIGNMENT. The Subcontractor shall not have the right to assign any rights under this Agreement or any part of the Services issued herein. Subject to the foregoing, this Agreement shall be binding upon the parties’ heirs, executors, successors, and assigns.
11. REQUIRED LICENSES. All parties of this Agreement, including, but not limited to, the Contractor, the Subcontractor, other subcontractors, and all parties’ direct or indirect employees and agents, shall be licensed in accordance with respective state laws where the individual is performing their trade or service. All individuals under this agreement shall be regulated by their respective licensing board, which has jurisdiction to investigate complaints made by any third (3rd) parties.
12. INDEMNIFICATION. The Subcontractor shall indemnify and hold the Contractor and Client harmless from any loss or liability from performing the Services under this Agreement.
13. INDEPENDENT CONTRACTOR. No term, covenant, condition, or provision of this Agreement shall be considered to create an employer and employee relationship. All parties to this Agreement attest that the relationship between the Contractor and the Subcontractor shall be recognized as the Subcontractor acting as an independent contractor.
14. SIGNATURES.
IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of their duly authorized officers and made effective as of the undersigned date.
Contractor Signature: _____________________ Date: [MM/DD/YYYY]
Print Name: [CONTRACTOR NAME]
Subcontractor’s Signature: _____________________ Date: [MM/DD/YYYY]
Print Name: [SUBCONTRACTOR NAME]