Painting Subcontractor vs Employee
There are two major differences between an employee who works for a painting contractor and a subcontractor hired for a project:
- Subcontractors can choose the jobs they want and carry out their duties as they see fit – employees cannot.
- Unlike employees, subcontractors are responsible for managing their taxes, insurance, and expenses.
Sample
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PAINTING 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. The Subcontractor agrees to perform and be responsible for the following: [LIST SERVICES] (hereinafter the “Services”).
4. RESPONSIBILITIES. The Subcontractor shall be responsible for providing the following when performing the Services: [LIST RESPONSIBILITIES]
5. LOCATION. The primary location for the Services completed by the Subcontractor shall be [ADDRESS].
6. 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.
7. 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)].
8. TERMINATION. During the course of this Agreement, either party can terminate this agreement by providing [#] days’ notice to the other party.
9. INSURANCE. The Subcontractor agrees to bear all responsibility for the actions related to themselves and their employees or personnel under this Agreement. In addition, the Subcontractor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability.
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. 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.
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]