Fillable Printable Non-complete Subcontractor Agreement

Non-complete Subcontractor Agreement

Form SA2/03 Initialed by: Contractor_____ Subcontractor_____

SUBCONTRACTOR AGREEMENT

IN CONSIDERATION OF the covenants and conditions hereafter expressed this Agreement is

made This______day of ___________, 20__, between:

The Contractor: (Insert contractor name, address, phone number and license #)

And the Subcontractor: (Insert contractor name, address, phone number and license #)

For the following project: (Insert Project name and address)

1. Scope of Work.

a. The Subcontractor shall furnish all of the material, and perform all of the Work on

the Project as shown on the Drawings and as described in the specifications, all in

accordance with scope described herein and the terms of the Contract Documents.

Description of Work: (enter work description)

2. Payment Terms.

a. The Contract amount shall be $_________________

b. The Subcontractor shall, on his time and expense, submit to the Contractor a release

of all mechanics and material liens and manufacturer warranty and materials

information for all materials installed prior to final payment of the consideration set

forth hereafter.

c. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be

made by the Contractor to the Subcontractor when the Contract has been fully

performed by the Subcontractor and when final payment is received from the owner.

Such final payment shall be made not more than fifteen (# of days) days after

approval by Contractor and receipt of final lien waivers and a final inspection from

the respective building inspector approving the Work.

d. Subcontractor may make application for progress payments to the Contractor each

month. All Requests received by the twenty-fifth day of the month will be paid by the

tenth day of the following month. Those requests received after the twenty-fifth day

of the month will be considered part of the following months requests. A certificate

of Workers Compensation Insurance shall be delivered to the Contractor prior to the

first request for payment or the Contractor may withhold a percentage to cover the

labor costs.

Form SA2/03 Initialed by: Contractor_____ Subcontractor_____

Subcontractor Agreement

Project Name

Page 2 of 4

The payment application shall include an original of the following:

(1) invoice describing the Work that was performed;

(2) the payment amount requested; and estimate of percentage of the Work

completed.

(3) a partial release of any mechanic’s or materialman’s lien for all Work completed

and materials used.

3. Time of Completion.

a. The Subcontractor shall employ persons of competence and skill to complete the

project within (Number of days). The Work shall commence by (date).

b. If the Subcontractor fails to complete the Work as agreed herein, the Contractor may

declare the Subcontractor in default by providing written notice to Subcontractor by

registered mail. If Subcontractor fails to remedy such within fifteen (15) days of such

notice, Contractor shall have the right to select a substitute Subcontractor. If the

expense of completing the Work exceeds the unpaid balance on this Contract, the

Subcontractor shall pay the difference to the Contractor.

c. In agreeing to complete the Work by the agreed Time of Completion, Subcontractor

has taken into consideration and made allowance for ordinary delays, and hindrances

incident to such Work, whether growing out of delays of common carriers, delays in

securing material or workers, changes, omissions, alterations, or otherwise.

4. Cleaning Up.

a. The Subcontractor shall keep the premises and surrounding area free from

accumulation of waste materials or rubbish caused by operations under the Contract.

The Subcontractor will be responsible for cleaning up on a daily basis. At completion

of the Work the Subcontractor shall remove waste materials, rubbish, the

Subcontractor’s tools, construction equipment, machinery and surplus materials.

b. If the Subcontractor fails to clean up as provided in the Contract Documents, the

Contractor may do so and the cost thereof shall be charged to the Subcontractor