Subcontract agreement template (US)

Subcontractor Agreement

This Agreement is made on Effective Date between Contractor Name, a Contractor Entity Type and State, at Contractor Address ("Contractor"), and Subcontractor Name, a Subcontractor Entity Type and State, License No. Subcontractor License or Not Required, at Subcontractor Address ("Subcontractor").

1. The Project

Contractor has a contract with Owner or Client Name (the "Main Contract") for Project Description at Project Address. Subcontractor has reviewed the parts of the Main Contract that relate to its work, and agrees to follow them.

2. Subcontract Work

Subcontractor will supply the labor, materials and equipment for: Description of Subcontract Work. Work starts on Start Date and will be finished by Completion Date.

3. Price and Payment

Contractor will pay $Subcontract Price. Subcontractor will send invoices Invoice Frequency, with any lien waivers that state law allows. Contractor will pay within Payment Days days of each approved invoice, or sooner if a state prompt-payment law requires it, and may hold back Retainage Percent% until final acceptance, where state law permits. Where state law limits pay-if-paid terms, those limits apply.

4. Changes

No extra work will be paid for without a written change order signed by Contractor before the work starts.

5. Quality and Safety

Work must meet the plans, applicable building codes and OSHA rules. Subcontractor is responsible for the safety of its own workers, and for its own permits unless listed here: Permits Handled by Contractor or None. Subcontractor will correct defective work at its own cost for Warranty Period after completion.

6. Insurance

Subcontractor will carry general liability insurance of at least $Liability Insurance Amount per occurrence, plus auto coverage and workers' compensation as the law requires, and will name Contractor as an additional insured. Certificates are due before work starts.

7. Indemnity

To the extent the law allows, Subcontractor will defend and indemnify Contractor against third-party claims caused by the negligence of Subcontractor or its workers. This does not cover Contractor's own negligence where state law forbids it.

8. Independent Contractor

Subcontractor is an independent contractor, controls how the work is done, and is responsible for its own staff, taxes and insurance. Nothing here creates employment, partnership or agency.

9. Default and Ending

If Subcontractor fails to cure a material breach within Cure Days days of written notice, Contractor may end this Agreement, finish the work and charge Subcontractor the reasonable extra cost. If the Main Contract ends, this Agreement ends too, and Contractor will pay for work properly done.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Contractor | Subcontractor |

| --- | --- |

| Signature: Contractor Signature | Signature: Subcontractor Signature |

| Name: Contractor Printed Name | Name: Subcontractor Printed Name |

| Date: Contractor Signing Date | Date: Subcontractor Signing Date |