Fillable Printable Subcontractor Agreement Form

Subcontractor Agreement Form

Revised: July 2006 Builders Insurance Grou p Page 1

SUBCONTRACTOR AGREEMENT

This Agreement, as negotiated herein, is entered into by and between ___________________________,

“Subcontractor” and _________________________________, “Contractor.”

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

Subcontractor and the Con t ractor hereby agree as follows:

Article 1. Statement of Work:

From time to time, Subcontractor may provide services to Contractor. In addition to the terms and

conditions negotiated by the parties for particular projects, Contractor and Subcontractor hereby agree

that the terms and conditions of this Subcontractor Agreement (the “Agreement”) shall apply whenever

Subcontractor provides services to Contractor.

Article 2. Insurance:

The Subcontractor, at its own expense, shall obtain and maintain in full force and effect, without

interruption during the term of the Agreement, the following minimum levels of insurance:

A. Workers’ Compensation insurance covering the legal liability of the Contractor and its

Subcontractors under the applicable workers’ compensation or occupational disease laws for

claims for personal injuries and death resulting there from to the Contractor and its

Subcontractor’s employees. The Subcontractor shall also obtain a minimum of $500,000 of

Employers’ Liability insurance. Certificates of insurance must include a waiver of subrogation in

favor of Contractor.

B. Commercial General Liability insurance covering the legal liability (including liability assumed

contractually, whether incidental or not) of the Subcontractor who may be engaged in the

services, for claims for personal injuries (including death) and property damage resulting there

from arising out of the services to be performed by the Subcontractor, in an amount not less than

$500,000 for any one occurrence, $1,000,000 general aggregate (subject to a per project general

aggregate provision), $1,000,000 Products/Completed Operations aggregate limit. Commercial

General Liability insurance shall be obtained and shall include broad form contractual liability

coverage, products/completed operations, cross liability, severability of interest and broad form

property damage (if required), and Contractor as well as its directors, officers and employees

shall be named as an additional insured on such Commercial General Liability policy regarding

liability arising out of operations performed under this Agreement. Form CG 20 10 07 04 and CG

20 37 07 04 must be shown on the certificate of insurance or its e quivalent.

C. Automobile Liability insurance covering the legal liability (including liability assumed contractually,

whether incidental or not) of the Subcontractor who may be engaged in the services, for claims

for personal injuries and death resulting there from and for property belonging to other than the

Subcontractor caused by highway licensed vehicles of or used by the Subcontractor in an amount

not less than: (i) $500,000 for any one person; (ii) $500,000 for bodily injury for any one

occurrence; and (iii) $500,000 for property damage for any one occurrence. Automobile Liability

insurance shall provide coverage for owned, hired or non-owned automobile or other automotive

equipment and Contracto r shall be named as an additional insured on such policy.

The Subcontractor’s insurance coverage shall be primary insurance as respects work on this project for

Contractor, its directors, officers, and employees. Any insurance or self-insurance maintained by

Contractor shall be excess of the Subcontractor’s insurance. The Subcontractor, in its agreements with

subcontractors, shall require subcontractors to obtain insurance meeting the minimum limits and

incorporating the contractual requirements that are prescribed by this Section. The Subcontractor hereby

waives and relinquishes any right of subrogation against Contractor and its agents, representatives,

employees, and affiliates they might possess for any policy of insurance provided under this Section or

under any State or Federal Workers’ Compensation or Employer’s Liability Act. Subcontractor shall

Revised: July 2006 Builders Insurance Grou p Page 2

require its insurer to notify Contractor thirty (30) days prior to the effective date of any cancellation or

material change in any of the required policies. To the extent that the Subcontractor utilizes deductibles

in conjunction with the insurance required by this Agreement, all deductible expenses will be assumed by

the Subcontractor. Insurance shall be placed with insurers with a Best rating of not less than A-.

Article 4. Indemnification and Arbitration:

The work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively.

Subcontractor hereby indemnifies and holds Contractor, its parent and affiliates and their respective

officers, directors, employees and agents, harmless from and against any and all claims, actions, losses,

judgments, or expenses, including reasonable attorneys fees, arising from or in any way connected with

the work performed, materials furnished, or services provided to Contractor during the term of this

Agreement.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be

settled by binding arbitration and judgment on the award rendered by the arbitrator(s) may be entered in

any court having jurisdiction thereof. The prevailing party in any arbitration concerning this Agreement

shall be entitled to reasona ble attorneys' fees.

Article 5. Warranty:

Subcontractor warrants its work for a period of _______ year(s) against all defects in materials or

workmanship.

Article 6. Miscellaneous:

Subcontractor is an ind ependent contractor and not an employee of Contractor.

This Agreement shall be in full force and effect from the date of signing unless canceled in writing by

either party with thirty (30) days’ written notice. The cancellation of this Agreement shall not negate any

term or condition, such as the indemnity or insurance requireme nts.

This Agreement is governed by the laws of the State of Georgia. Any amendment(s) must be given in

writing.

SUBCONTRACTOR CONTRACTOR

Company: ______ ______________________ Company: ______ ______________________

By: _______________ ___________________ By____________ ______________________

Title: ______________ ___________________ Title: ______________ __________________

Date: __________ ______________________ Date: __________ ______________________

This sample agreement is for informational purposes only and should not be considered legal

advice. Builders Insurance accepts no legal responsibility for the correctness or completeness of

this material. We recommend that you consult with your legal counsel and agent regarding your

individual circumstances.