subcontractor agreement template construction

Independent Contractor Agreement for Construction Services

Instructions for Use

• Fill in all bracketed information with the specific details of your project and the parties involved.
• Ensure that the Scope of Work (Exhibit A) is attached and described in granular detail to prevent scope creep or payment disputes.
• Both parties must sign and date the document before any work commences on the job site.

Parties & Definitions

This Agreement is made effective as of [Date], by and between: Contractor: [Full Legal Name of Prime Contractor], with a principal place of business at [Contractor Address] ("Contractor"). Subcontractor: [Full Legal Name of Subcontractor], with a principal place of business at [Subcontractor Address] ("Subcontractor"). Project Name/Location: [Project Name and Full Site Address].

Operative Terms

1. Scope of Work: Subcontractor agrees to perform the services described in the attached Exhibit A ("Work"). Subcontractor shall provide all labor, materials, equipment, and supervision necessary to complete the Work in accordance with the Project plans and specifications.

2. Payment: Contractor shall pay Subcontractor the total sum of $[] for the satisfactory completion of the Work. Payments shall be made as follows: [ ] Progress payments based on [] completion. [ ] Lump sum payment upon final completion and acceptance. Contractor may withhold [__________]% retainage until final inspection and lien waivers are provided.

3. Schedule: Subcontractor shall commence work on [Start Date] and achieve substantial completion by [End Date]. Time is of the essence.

4. Compliance & Licensing: Subcontractor represents that they hold all valid licenses, permits, and certifications required by [State/Local Authority] to perform the Work. Subcontractor shall comply with all OSHA and local safety regulations.

5. Insurance: Prior to commencing work, Subcontractor shall provide a Certificate of Insurance naming Contractor as an additional insured, maintaining:

• General Liability: $[__________] per occurrence.
• Workers’ Compensation: Statutory limits.
• Automotive Liability: $[__________] combined single limit.

6. Indemnification: To the fullest extent permitted by law, Subcontractor shall indemnify, defend, and hold harmless the Contractor from all claims, damages, losses, and expenses arising out of or resulting from the performance of the Work, provided such claim is caused in whole or in part by any negligent act or omission of the Subcontractor.

7. Termination: Contractor may terminate this agreement for cause if Subcontractor fails to perform, abandons the site, or fails to pay laborers/suppliers. Contractor may terminate for convenience with [__________] days' written notice, paying only for work completed to date.

8. Governing Law: This agreement shall be governed by the laws of the State of [__________].

Signature & Acknowledgment

Contractor: Signature: __________ Printed Name: [] Title: [] Date: [__________]

Subcontractor: Signature: __________ Printed Name: [] Title: [] Date: [__________]

DISCLAIMER: This document is a general framework and does not constitute legal advice. Construction laws vary significantly by state and municipality. Consult with qualified legal counsel to ensure this document complies with your specific jurisdiction's requirements regarding lien laws, prompt payment acts, and indemnity limitations.