Updated on December 20th, 2022
A janitorial subcontractor agreement is a temporary work contract between a company and an individual who they are hiring to clean the premises of a property. As a subcontractor, the janitor is hired by another contractor (not the principal client) and will be responsible for declaring and paying taxes on their income. Common examples of when a janitor may be hired as a subcontractor include cleaning construction sites, industrial spills and waste, and commercial or residential properties.
A janitorial subcontractor is an individual who provides professional cleaning services to a contractor as part of a larger contract. In most cases, the subcontractor will either contribute directly to the contractor’s work (e.g., if the contractor is a cleaning company) or clean the contractor’s job site during the course of work on the prime contract.
An official house cleaning license or associated certificate isn’t required to work as a professional cleaner. However, most states will require that the subcontractor registers their business and obtains an occupational license. It’s also recommended to obtain a surety bond from an insurance or bond company to cover potential liability. Government and corporate clients often require that janitorial subcontractors are both licensed and bonded.
JANITORIAL SUBCONTRACTOR AGREEMENT
This Janitorial Agreement (the “Agreement”) is made between:
Contractor: [CONTRACTOR NAME] with a mailing address of [CONTRACTOR ADDRESS] (the “Contractor”), AND
Subcontractor (Janitor): [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] (the “Effective Date”), under the following terms and conditions:
1. THE CLIENT. The Subcontractor acknowledges that any work performed under this Agreement must be in accordance with the latest version of the agreement (the “Prime Contract”) made between the Contractor and [CLIENT NAME], who has a mailing address of [CLIENT MAILING ADDRESS] (the “Client”).
2. SERVICES. The Subcontractor agrees to perform the following: [DESCRIBE SERVICES] (the “Services”).
3. SUBCONTRACTOR RESPONSIBILITIES. The Subcontractor shall be responsible for providing all labor, materials, and equipment.
4. LOCATION. The primary location for the Services completed by the Subcontractor shall be [PRIMARY LOCATION ADDRESS] (the “Location”).
5. TERM. The Subcontractor shall be permitted to begin the Services on [MM/DD/YYYY] (the “Start Date”). The Subcontractor will be required, unless otherwise stated, to complete the Services in a reasonable time period in accordance with industry standards.
6. PAYMENT AMOUNT. Payment for the Services shall be as follows: [DESCRIBE COMPENSATION].
7. PAYMENT FREQUENCY. Payment shall be made by the Contractor to the Subcontractor within thirty (30) days of receiving an invoice for the work performed, subject to an inspection of the services performed.
8. TERMINATION. During the course of this Agreement, either party can terminate this agreement by providing [#] days’ notice to the other.
9. INSPECTION OF SERVICES. The Subcontractor shall make the Services accessible at all reasonable times for inspection by the Contractor. The Subcontractor assumes full responsibility to protect the janitorial work performed until final acceptance by the Contractor or any authorized third (3rd) party.
10. INDEMNIFICATION. The Subcontractor shall indemnify and hold the Contractor and Client harmless from any loss or liability from performing the Services under this Agreement.
11. NOTICES. All notices under this Agreement shall be in writing and sent to the address of the recipient specified herein.
12. GOVERNING LAW. This Agreement shall be governed under the laws in the State of [STATE].
13. ADDITIONAL PROVISIONS.
[ADD ANY ADDITIONAL PROVISIONS HERE (OPTIONAL)].
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]
The contract must include the names and mailing addresses of the subcontractor and the contractor who hires them.
The client is the person or entity that hired the prime contractor. Although the subcontractor doesn’t work directly for the client, the client’s identity should be included for their information and security.
A description of the services that the subcontractor has been hired to provide must be included. Any specifications should be mentioned in detail to avoid conflict.
Any expenses and supplies that the subcontractor will be responsible to account for will need to be addressed in the agreement (e.g., transportation, materials, equipment).
The agreement must lay out the payment method and amount. Consultants may charge clients by the hour, by project, by commission, or on a weekly/monthly/quarterly basis.
The dates on which the subcontractors work will begin and end must be specified. If there is no clear date by which work must be completed, the contractor may specify an event that signifies its termination, such as the completion of a construction project.
It is common that professional cleaners be required to obtain insurance to cover potential liability. If insurance is required, the contractor should include the amount demanded.
The subcontractor and contractor must both sign and date the document to make it legally binding.