The Subcontractor who the Contractor above intends to commission must be attached to this document. If a contract was involved and will be attached then make sure to present its name as well. Naturally, we must address what services the Subcontractor is being hired to provide. This can be quickly achieved by marking one of the two checkbox statements here.
However, if the worksite will be defined in the future by the Contractor, mark the second checkbox. In the example, we have chosen a specific place of work. Here, you must choose one of three statements to apply.
Mark the checkbox that corresponds to the statement that best represents how much the Subcontractor will receive and enter the content required to it. Notice below that the Subcontractor will be paid hourly. The way the Contractor will be required to pay the Subcontractor will also be included in this paperwork. The first statement requires the Contractor to pay the Subcontractor once the Contractor deems the work complete and satisfactory, the second statement will allow the Contractor a grace period in business days after the project has been finished to pay the Subcontractor, the third one will enable you to report a periodic payment schedule for the duration of the project, while the fourth will simply present a blank line you may use to give a more appropriate description of the means of payment.
Since the General Contractor is the only one in direct contract with the Client, they are responsible to the Client for all of the work done , including the work done by the Subcontractor. If there is a problem with the Subcontractor's work, the Client would go to the General Contractor to rectify that error.
For a contract directly between the owner of a property and a General Contractor to do a construction project, a Building Construction Agreement or an Independent Contractor Agreement should be used. This document contains all of the information necessary to outline and describe the details of when and how the Subcontractor will perform the construction services and the duties of both parties during and after that process.
This Agreement includes details such as identifying information about the parties and where they are located, the General Contractor and Subcontractor's contractor license numbers, the address of the worksite where the construction will be taking place, detailed description of the work that will be done by the Subcontractor , the materials each party will provide, and the payment arrangement for how the General Contractor will reimburse the Subcontractor for their materials and time spent on the project.
The Agreement also notes when construction is due to begin and when construction is due to be finished, whether that be a specific date or upon the occurrence of a particular event or milestone.
Important provisions regarding indemnification, insurance, change orders, unforeseen conditions, defaults, the nature of the parties' relationship and miscellaneous concerns are also included. Once the document has been completed and the Parties have agreed to the specifics of the project, both parties should sign the document and keep copies of the document for their own records.
Further, the Parties should be sure to attach to the document any other paperwork or documents relevant to the project , such as blueprints, schematics, employee lists, or lists of materials that will be used in the project. If it is available, the Subcontractor may wish to review the original contract between the client and the General Contractor to be sure that there are no conflicting terms between it and the anticipated Subcontractor Agreement.
By inspecting and reviewing the original contract, the Subcontractor can make sure that there are no provisions forbidding the General Contractor from hiring Subcontractors to do portions of the work. If the Subcontractor employs additional workers during the course of the construction project, they are required to meet the requirements of federal laws such as the Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees and the Federal Family and Medical Leave Act requires covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons.
Further, public buildings are required to meet certain standards laid out by the Americans with Disabilities Act. The parties should be sure to look into federal and local laws to be certain that their building project and labor practices comply.
NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants and agreements set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows:.
Prime shall have no obligation to award any work or Task Order under this Agreement. However, should any work be awarded to the Subcontractor, the parties agree that such work will be subject to the terms and conditions of this Agreement. A Task Order shall be considered in effect and duly authorized only upon written agreement of both parties.
All Task Orders incorporate the terms and conditions of this Subcontract, whether stated explicitly or not. In the event of conflict or inconsistency between a Task Order and this Agreement, the terms and conditions of this Agreement shall take precedence, unless specifically stated otherwise in the Task Order. Should a Task Order be authorized during the term of this Agreement, which provides for completion subsequent to the end date of this Agreement, then the Task Order shall be additionally construed as a written modification of this Agreement, which extends the end date of this Agreement to coincide with the Task Order completion date.
Prime shall have the right at any time to set-off any amounts now or hereafter owing by Subcontractor to Prime under any Task Order or otherwise, against amounts which are then or may thereafter become due or payable to Subcontractor under this Agreement. Prime shall have no obligation to the Subcontractor for any changes to a Task Order that were not authorized in writing by Prime with a change order.
During the term of this Agreement and for [NUMBER] months following termination of this Agreement, Subcontractor shall not, directly or indirectly, either as an organization, as an individual, as an employee or member of a partnership, or as an employee, officer, director or stockholder of any corporation, or in any other capacity, solicit or accept, or advise anyone else to solicit or accept, any business that competes directly with Prime from any such Customers, or from the personnel of any Customers to whom Subcontractor was introduced pursuant to this Agreement.
In addition, Subcontractor shall not directly or indirectly use or make available to any person, firm, or corporation the knowledge of the business of Prime gained by Subcontractor during the term of this Agreement. Subcontractor represents that its execution and performance of this Agreement does not conflict with or breach any contractual, fiduciary or other duty or obligation to which Subcontractor is bound.
Subcontractor may not subcontract, either in whole or in part, Services authorized by a Task Order without prior written consent of Prime. If Prime Contracts consents to subcontracting of any portion of the work to be performed under a Task Order, the Subcontractor must first obtain, from each subcontractor, a written agreement that is the same as, or comparable to, the following Sections of this Agreement: Customer Interactions, Exclusivity, Intellectual Property Rights, Confidentiality, Conflict of Interest, Subcontracting, Warranties, Indemnification, Limitation of Liability, Insurance and any other flow-down provisions contained in the applicable Task Order.
Company] Created by: [Sender. For clarity, any contract for services entered into through an online freelance or similar website shall be construed as a Task Order under the terms of this Agreement. Equipment and other depreciable assets are not to be charged. Work authorization Prime shall have no obligation to award any work or Task Order under this Agreement. Compensation Labor. Prime shall compensate the Subcontractor in accordance with the applicable Task Order.
Unless otherwise specifically agreed to in advance by Prime, Contractor is solely responsible for the payment of any overtime compensation to its employees and will not seek any such compensation from Prime. By execution hereof, Subcontractor certifies that the rates charged by Subcontractor do not exceed the lowest rate charged to others for services of the same nature as are to be provided under this Agreement. Travel is not anticipated under any Task Order.
Should travel be necessary, all travel must be pre-approved by Prime. Prime will not reimburse Subcontractor for any expenses related to travel that were not pre-approved by Prime in writing.
If any travel is approved by Prime, Prime will reimburse the Subcontractor on an actual cost basis, without any markup or handling fees, for reasonable and substantiated expenses necessarily incurred by Subcontractor in performance of the work under a Task Order. Hours expended for travel time are not reimbursable and shall not be billed unless otherwise expressly approved by Prime.
Other Direct Costs. Subcontractor is not authorized to incur any Other Direct Costs and Prime will not reimburse Subcontractor for any Other Direct Costs, including but not limited to, telephone calls, books, office supplies, postage, and shipping.
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