Subcontractor Agreement Template
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What Is a Subcontractor Agreement?
A Subcontractor Agreement is a written or typed document that establishes the terms and conditions of an agreement between two parties - a contractor and a subcontractor.
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The difference between a subcontractor and an independent contractor is that the latter signs a Contractor Agreement (or Service Agreement) directly with the customer who wishes to complete a project. The independent contractor bears responsibility for the project completion but may choose to hire subcontractors or employees using an employment contract to finish the job or a portion of it. First of all, the contractor must be sure that the client agrees to authorize the subcontracted work and hire a subcontractor who will assist in the completion of the project.
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How to Write a Subcontractor Agreement?
Subcontractor Agreements must cover the obligations and expectations of the parties. Use concise and clear language to avoid misunderstandings or ambiguities in the future. Follow these steps to create a Subcontractor Agreement:
- Define the scope of the project - the work necessary and the location of the project. You may include the subcontractor obligations in case the customer is dissatisfied or requests changes.
- Specify the duration of the work and agree on a deadline. To give the customer an opportunity to assess the subcontractor's work, create a project schedule.
- State the amount of money to be paid to the subcontractor and the payment method. Record the maximum work hours and added time.
- Indicate the information the subcontractor should keep confidential. Most contractor agreements state that the contractor cannot share any information with the subcontractor to create a conflict with a customer.
- Add a non-compete clause - the subcontractor will promise not to attract customers away from the contractor.
- Make the customer's insurance responsibilities clear - the contractor may not have insurance to cover a subcontractor's errors or any accidental damage they will entail.
- Include a work-for-hire clause - all the work belongs to the contractor. The subcontractor does not gain any future income in relation to this project once it is completed.
- Permit or restrict hiring more people to do the work.
- Describe the warranties - the promises made by both parties regarding compliance with specifications, work quality, and professional work behavior.
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