# Subcontract



## C.C.R. (May 19, 2006)

I need to come up with a subcontract for my subs. There are definatly some particular items I want to include. Like conduct on the job, contracting with the H.O., Doing business legitimatly (no illegals) (pretty soon we'll have to call them citizenship challenged :smile: ). So I have my particulars in mind but I'm looking for a basic starting point. Any help would be appreciated. :thumbsup: I already did a search for subcontract in business and give a form and got nothing


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## ProWallGuy (Oct 17, 2003)

check this thread. Scroll down, someone posted 2 subcontractor agreements.


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## C.C.R. (May 19, 2006)

ProWallGuy said:


> check this thread. Scroll down, someone posted 2 subcontractor agreements.


Thanks prowall, I might be able to make those work for me.


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## finehomes (Feb 4, 2007)

THIS SUBCONTRACT AGREEMENT (the “Agreement”) pertains to work to be performed for the construction project known as________ (the “Project”) and is made and entered into this _______ day of _________________, 2000, by and between __________________ hereinafter called CONTRACTOR, with principal office at ___________ and *______________, *hereinafter called SUBCONTRACTOR, with principal office at ___________ and phone number ________________
*RECITALS*

*SECTION 1-*ENTIRE CONTRACT
SUBCONTRACTOR certifies and agrees that this Agreement is the entire agreement between CONTRACTOR and SUBCONTRACTOR and that this Agreement supersedes all prior agreements and understandings This Agreement shall cover the general working arrangement, terms and conditions that will exist between CONTRACTOR and SUBCONTRACTOR. Subcontract Work Orders/Change Orders issued to SUBCONTRACTOR from CONTRACTOR shall authorize all work undertaken pursuant to this Agreement. Each Subcontractor Work Order/Change Order shall by reference incorporate all terms of this Agreement into each Subcontract Work Order/Change Order.

_SECTION__ 2 __- __COMPENSATION_

_SUBCONTRACTOR has submitted to CONTRACTOR bids listed on the SUBCONTRACTOR __BID AGREEMENT which list either unit costs or fixed price bids for specified plans supplied by __CONTRACTOR. If both unit cost and fixed price bid amounts per plan are listed, __SUBCONTRACTOR agrees to bill the fixed price amount and use unit costs only for additional __Work beyond the CONTRACTOR, which may be necessary due to job site conditions_

_CONTRACTOR agrees to pay SUBCONTRACTOR according to the terms and conditions specified on the Subcontractor Work Order/Change Orders issued pursuant to this Agreement. SUBCONTRACTOR shall submit to CONTRACTOR invoices which must match amounts specified in Subcontract Work Order/Change Orders No extras will be paid unless authorized by a Subcontract Work Order/Change Order. In the event an unauthorized amount is billed, CONTRACTOR reserves the right to withhold payment of the total bill until such time that SUBCONTRACTOR submits a correct invoice._

_CONTRACTOR agrees to pay SUBCONTRACTOR according to pay schedules currently in use by CONTRACTOR. The current pay schedule is as follows: Invoices must be received in the CONTRACTOR’S office by the _________ __of the month; payment will be mailed on or about the _________ __of the month. Any invoices received after the specified deadline will not be paid until the next corresponding monthly pay period. In the event a dispute arises, SUBCONTRACTOR will notify~’ CONTRACTOR of such in writing. Disputed amounts will not be subject to interest charges by SUBCONTRACTOR. Upon cashing a check issued by CONTRACTOR to SUBCONTRACTOR for work performed, SUBCONTRACTOR agrees to release all rights of_

_Lien for materials and labor provided according to the laws of the state of __________________ __CONTRACTOR at his option may issue joint checks payable to SUBCONTRACTOR or any of its subcontractors with respect to work performed under this Agreement are paid._

*SECTION** 3- SCOPE OF *_WORK_

_SUBCONTRACTOR agrees to furnish all labor, superintendence, materials services, hoisting, supplies, scaffolding, installation, cartage, insurance, equipment, tools and other facilities of every kind and description required for the prompt and efficient execution of work described in the Subcontractor Bid Agreement, attached hereto as Addendum “A”, and in each Subcontract Work Order/Change Order issued hereunder and to perform the work necessary or incidental to complete said work in a timely fashion. By signing this Agreement, CONTRACTOR is under no obligation to authorize work at any given job site._

*SECTION** 4- GENERAL SUBCONTRACT PROVISIONS*

The “SUBCONTRACTOR BID AGREEMENT” which is attached as ADDENDUM “A”, the “GENERAL PROVISIONS” attached as ADDENDUM “B” the “SUBCONTRACTOR’S [NSURANCE REQUIREMENTS” which is attached as ADDENDUM “C” and all other documents attached hereto are an integral part of this Agreement and are hereby incorporated by this reference.

*SECTION** 5- SPECIAL PROVISIONS*

SUBCONTRACTOR’S insurance obligations are attached hereto as Addendum “C”.

SUBCONTRACTOR shall provide the following documentation BEFORE work begins:
A. SUBCONTRACTOR shall furnish a regular Workers Compensation Certificate before work begins at the end of this Project, a FINAL Certificate shall be ordered and furnished with your final billing for the Project. Final payment will not be released without it.

B. SUBCONTRACTOR shall provide certificates of insurance naming ----------------------------------------------_ as a certificate holder and shall provide an additional insured endorsement naming _______________ as an additional insured per Form CG2OIO.The certificates of insurance and Form CG2OIO shall be received prior to any parties beginning work or providing services to _________________________. Such insurance shall be primary and the insurance of _______________________ is excess and non-contributing SUBCONTRACTOR’S insurance shall apply to all operations.

C. In the event of professional services being rendered (i.e. architects, engineers or surveyors), the certificate of insurance shall also indicate that professional errors and omissions insurance is in force with at least $1,000,000 liability

D Copy of Contractor’s License issued by the state of ____ will be furnished before work begins.

E Tax Identification Number shall be furnished before work begins

_F. SUBCONTRACTOR represents that the following suppliers/material men shall be used on this Project:_


_CHANGE OR USE OF SUPPLIERS AND/OR MATERLALMEN OTHER THAN LISTED_
_ABOVE, Without PRIOR WRITTEN NOTICE TO ________________________ __IS_
_A VIOLATION OF THIS AGREEMENT AND REASON FOR _____________________
_TO TERMINATE THIS AGREEMENT SUBCONTRACTOR UNDERSTANDS THAT __CONTRACTOR MAY 1SSUE JOINT CHECKS TO SUBCONTRACTOR AND ITS __SUPPLIERS/MATERIALMEN_

INSURING PROVISION TO INCORPORATE INTO SUBCONTRACT AGREEMENT

SUBCONTRACT

INSURANCE Subcontractor shall secure and maintain at its own cost, for all operations, the following insurance coverage:

1.1 Workers’ Compensation & Employer’s Liability Insurance. The Workers’ Compensation Insurance shall be in the form and amount required by State statute. The Employer’s Liability minimum limits required are: (a) $100,000 Each Accident; (b) $500,000 Disease Policy Limit; and (c) $100,000 Disease — Each Employee. The Workers’ Compensation policy shall contain thirty (30) days written notice to Contractor in the event of cancellation or material reduction in coverage. (Must be consistent with the state of____________ requirements.)

1.2 General Liability Insurance. Occurrence basis with minimum limits of (a) $1,000,000 Each Occurrence; (b) $2,000,000 General Aggregate; and (c) $1,000,000 Products/Completed Operations Aggregate. General Liability Insurance shall be at least as broad as ISO “Occurrence” Form CG 00 01 and shall include coverage’s as follows: (I) Premises, operations and mobile equipment liability coverage for explosion, collapse and underground hazards; (II) independent contractor’s coverage (liability a subcontractor may incur as a result of the operations, acts or omissions of subcontractors, suppliers and their agents or employees); (III) products and completed operations coverage; (IV) blanket contractual coverage including both oral and written contracts and including obligations assumed by Subcontractor under the Subcontract Agreement documents; (V) personal injury coverage; (VI) broad form property damage coverage including completed operations; (VII) an endorsement naming Contractor, Project Owner and such additional parties as Contractor designates as additional insured’s (the endorsement must be ISO Form CG2OIO and must cover joint negligence, completed operations and the acts of subcontractors and suppliers); (VIII) an endorsement providing the insurance is primary as respects Contractor and Project Owner and that any insurance maintained by Contractor and Project Owner is excess and non-contributing; and (IX) an endorsement providing thirty (30) days’ written notice to Contractor in the event of cancellation or material reduction in coverage.

*No endorsement limiting or excluding a standard coverage is permitted and claims made coverage or modified occurrence is not acceptable*

1.3 Business Auto Liability Insurance. $1,000,000 each occurrence combined single limit for bodily injury and/or property damage liability, including coverage for (1) owned automobiles, (II) hired or borrowed automobiles; and (III) non-owned automobiles. Subcontractor shall provide an endorsement naming Contractor and Project Owner and such additional parties as Contractor reasonably designates as additional insured’s. Said endorsement shall provide thirty (30)days written notice to Contractor in the event of cancellation or material reduction in coverage.

IN WITNESS HEREOF: The parties hereto have executed this Agreement of themselves, their heirs, executors, successors, administrators and assignees on the day and year first above written.


SUBCONTRACTOR


By
Name
Title
CONTRACTOR


By
Name
Title


— Corporation
— Partnership Proprietorship


*SUBCONTRACTOR’S STATE LICENSE **ü*
*CONTRACTOR’S STATE LICENSE #*


SUBCONTRACTOR acknowledges receipt of a copy of this Agreement Initials


2.1 GENERAL REQUIREMENTS. A certificate and endorsement in a form acceptable to Contractor demonstrating compliance with the above insurance requirements (or, at Contractor” request, certified copies of Subcontractor’s actual policies) shall be delivered to Contractor before Subcontractor performs any work at or prepares or delivers material to the Project site. Subcontractor shall maintain all of the above insurance coverage in force until the Project’s completion of work. Subcontractor shall maintain the Products and Completed Operations Liability Coverage, including the required endorsements, in force until expiration of the applicable statute of limitation relating to latent defects in construction of or improvements to real property.

If Subcontractor fails to purchase or maintain the insurance specified in this Section, Contractor shall have the right, but not the obligation, to purchase such insurance on Subcontractor’s behalf and at Subcontractor’s cost. Subcontractor shall deliver all Information by Contractor’s insurer, Contractor shall have the right to charge
Subcontractor any additional premium charged by Contractor’s insurer.

The use of self-insured retention or deductibles in excess of$ 10,000 shall not be allowed unless specifically approved by Contractor in advance and in writing. Subcontractor is fully responsible for payment of any self-insured retentions or deductibles, regardless of their amount.

Contractor shall have no duty to Subcontractor or to any of its insurers or their insurance agents to review any Certificates or copies of insurance furnished to Contractor or to determine whether the terms of each Certificate or policy of insurance comply with the insurance-related provisions of the Subcontract Documents. A failure of Contractor to detect that Subcontractor has not submitted Certificates or proper Certificates, or is otherwise not in compliance with the insurance-related provision of the Subcontract Documents shall not be considered a waiver or other impairment of any of Contractor’s rights under such provisions.

No persons (subcontractor, suppliers, material men, employees, etc.,) are to enter the site without binding insurance as described herein. Any persons entering the site without such insurance do so solely at their own risk and expense. This agreement in no way authorizes any persons to enter the site without insurance as described herein.

*GENERAL** PROVISIONS*


*A. INDEMNIFICATION *— To the fullest extent permitted by law, SUBCONTRACTOR shall indemnify, defend (at SUBCONTRACTOR’S sole cost and expense and with legal counsel approved by CONTRACTOR and/or Owner, which approval shall not be unreasonably withheld), protect and hold harmless CONTRACTOR and/or Owner, all subsidiaries, divisions and affiliated companies of CONTRACTOR and/or Owner, and all of such parties’ representatives, partners, designees, officers, directors, shareholders, employees, consultants, agents, successors and assigns, and any lender of Owner with an interest in the Project (collectively, the “Indemnified Parties”), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and all other professional, expert or consultants’ fees and costs and CONTRACTOR’S and/or Owner’s general and administrative expenses) of every kind and nature whatsoever (individually, a “Claim”; collectively, “Claims”) which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with SUBCONTRACTOR]) or SUBCONTRACTOR’S presence or activities conducted on the Project (including, without limitation, the negligent and/or willful acts, errors and/or omissions of SUBCONTRACTOR, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them) regardless of any active or passive negligence or strict liability of an Indemnified Party. SUBCONTRACTOR understands and acknowledges that the indemnification obligation hereunder is intended to constitute a specific indemnity under (state) law and includes Claims arising from the active or passive negligence of Indemnified Parties. Notwithstanding the foregoing, nothing herein shall be construed to require Subcontractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.

B. DUTY TO DEFEND — The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of SUBCONTRACTOR. Such defense obligation shall arise immediately upon presentation of a Claim by any party and written notice of such Claim being provided to SUBCONTRACTOR. Payment to SUBCONTRACTOR by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. SUBCONTRACTOR’S indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations or statute of repose. SUBCONTRACTOR’S liability for indemnification hereunder is in addition to any liability SUBCONTRACTOR may have to CONTRACTOR and/or Owner for a breach by SUBCONTRACTOR of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and Limits set forth in this Agreement be construed to limit SUBCONTRACTOR’S indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the


Parties hereto. Accordingly, any rule of construction of contracts that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement.


[IN WITNESS HEREOF: The parties hereto have executed this Agreement of themselves, their heirs, executors, successors, administrators and assignees on the day and year first above written.


SUBCONTRACTOR


By
Name
Title
CONTRACTOR


By
Name
Title

Corporation
— Partnership
— Proprietorship


SUBCONTRACTOR’S STATE LICENSE #
CONTRACTOR’S STATE LICENSE /I


SUBCONTRACTOR acknowledges receipt of a copy of this Agreement
Initials


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## C.C.R. (May 19, 2006)

THANKS EVERYONE. I APPRECIATE IT :thumbsup:


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## parkerfairfield (Apr 25, 2007)

C.C.R. said:


> <snip> Doing business legitimatly (no illegals) (pretty soon we'll have to call them citizenship challenged :smile: ). <snip>


Strange. You're:
a) able to find legal employees for your trade? Here in NorCal, non-union roofers choice is:
i) US born, ex-felon (sex, violence crimes) with little desire to work and hiding from their PO
ii) US born drop out kids who come and go regularly
iii) US born hispanics which will become ones competition within 2 yrs
iv) hispanics 
a) illegal with crap ID
b) illegal with GREAT ID
c) legal

b) implying to me... inother words, no offense, I'm inferring, you're putting more emphasis on their immigration status than their having insurances, driver licenses, workers comp, etc. My point is SOLELY, IMO, here in CA, the government cares NADA about their immigration status (thank god, as their'd be NO construction without illegals in CA; which CA is the 6th largest economy in the WORLD)... the State cares about worker's comp - because there is only ONE vendor of Workers Comp for ROOFING in CA ... the State. (Of the more than 5600 'active' roofing contractors licensed in the state, less than 2500 claim to have employees; in other words, about 60% are paying CASH to their employees, and in case of serious injury claim that Jose just started that day. And the immigration question NEVER is brought up by workers comp... driving the WC rates THRU the roof.)


Anyway. My subs filled out the gov't paperwork. Signed my contract which said 5 different ways they were responsible for complying with ... and then the laundry list of everything.

If they were illegal, and something happened, there was NO way they could decline knowledge of the requirement.


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## C.C.R. (May 19, 2006)

"b) implying to me... inother words, no offense, I'm inferring, you're putting more emphasis on their immigration status than their having insurances, driver licenses, workers comp, etc. My point is SOLELY, IMO, here in CA, the government cares NADA about their immigration status (thank god, as their'd be NO construction without illegals in CA; "



immigrants are fine, this country was based on immigrants illegals are not o.k. Illegals have no S.S.# so don't pay taxes. so don't deserve drivers licenses and I know when I got my liability insurance they asked for my drivers licenses. so how are they getting ins. and WC without proper I.D.? Because they're using false I.D. and S.S.#s hence the word "ILLEGAL". They don't pay taxes so they can afford to underbid jobs at least 50% pushing honest contractors out of business. I don't know if you're an illegal but if you were a loyal American you would not be saying," Thank god for illegals". Don't get the wrong idea, I'm not prejudice (half portuguese) but if I choose I'll demand to see the greencard of anyone on my jobsite. period


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