HVAC Licensing
Most states require individuals to complete certified training programs, gain work experience, and obtain a license before becoming HVAC subcontractors. In some states, licensure is regulated on a municipal level. It’s best to check with the local authorities to determine specific licensing requirements.
Why It’s Used
An HVAC subcontractor agreement is used to establish legally binding terms for the working relationship between a contractor and the subcontractor they’ve hired to provide HVAC services. It ensures each party has proof of what was agreed to, including the:
- Scope of Work – Project details, deliverables, and the completion timeline.
- Payment Terms – Fees and payment dates.
- Term (Duration) – Start and end dates of the contract.
- Expenses – Responsibilities for materials, labor, transportation, and other expenses.
- Required Licenses – Conditions for the subcontractor to obtain required HVAC licenses.
The agreement also demonstrates that the HVAC subcontractor is not an employee. This distinction helps avoid tax liabilities, wage claims, and other problems associated with employee misclassification.
Sample
Download: PDF, Word (.docx), OpenDocument
HVAC SUBCONTRACTOR AGREEMENT
This Subcontractor Agreement (“Agreement”) is made as of [MM/DD/YYYY] between [SUBCONTRACTOR NAME] (“Subcontractor”) and [CONTRACTOR NAME] (“Contractor”).
1. SERVICES. The Subcontractor shall provide HVAC services to the Contractor in accordance with the terms and conditions of this Agreement. The services to be performed by the Subcontractor include the installation and maintenance of HVAC systems and equipment, as described as follows: [DESCRIBE SERVICES].
2. TERM. This Agreement shall commence on [MM/DD/YYYY] and terminate upon completion of the services as described in Section 1.
3. PAYMENT. The Contractor shall pay the Subcontractor for their services at the rate of $[AMOUNT] per [PAYMENT FREQUENCY (E.G., HOUR)]. Payment shall be made within [#] days of completing the services.
4. TAXES. The Contractor shall be responsible for all taxes, duties, fees, and other charges related to this Agreement, including, but not limited to, sales, use, and income taxes.
5. INSURANCE. The Contractor shall maintain and provide evidence of general liability and workers’ compensation insurance with limits of no less than $[AMOUNT] prior to the performance of any services by the Subcontractor and shall maintain such insurance during the term of this Agreement.
6. INDEMNIFICATION. The Subcontractor shall indemnify, defend, and hold harmless the Contractor and its affiliates from all liabilities, claims, damages, and costs, including attorney fees, arising from the Subcontractor’s performance under this Agreement.
7. TERMINATION. This Agreement may be terminated by either party upon [#] days’ written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Subcontractor’s Signature: _________________________
[SUBCONTRACTOR PRINTED NAME]
Contractor’s Signature: _________________________
[CONTRACTOR PRINTED NAME]