How to write your Subcontractor Short Form Contract
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How do you write a Subcontractor Short Form Contract document?
SUBCONTRACTOR AGREEMENT
This Consulting Agreement (the "Agreement") is made this Current Day day of Current Month, Current Year by and between Company Name, a State company (hereafter "Company"), and Company Name, (hereafter "Subcontractor").
Company is in need of assistance in the following areas for Company Name, a client of Company's:
Insert areas in need of assistance with. Subcontractor has agreed to perform work for Company on this project.
In consideration of the mutual covenants set forth in this Agreement, Company and Subcontractor hereby agree as follows:
Specifications
Subcontractor shall be available and shall provide the following efforts and services as requested:
Insert description of services to be provided.
Compensation
Company will compensate Subcontractor on the following basis: hourly rate/flat fee/commission/other: Hourly Rate.
If hourly rate, include the following:
Subcontractor will submit written, signed reports of the time spent performing services under this Agreement, itemizing in reasonable detail the date on which services were performed, the number of hours spent on such date, and a brief description of the services rendered. Company will receive reports no less than once per month on or before the first day of each month, and the total amount of work will not exceed Maximum Amount of Work. Company shall pay Subcontractor all amounts due within 30 days after such reports are received.
Company will pay Subcontractor for the following expenses incurred under this Agreement:
Insert description of acceptable contractor expenses. Subcontractor shall submit written documentation and receipts itemizing the date on which such expenses were incurred. Company shall pay Subcontractor all amounts due within 30 days after such reports are received.
Independent Contractor
Nothing herein shall be construed to create an employer-employee relationship between the parties. The consideration set forth above shall be the sole payment due to Subcontractor for services rendered. It is understood that Company will not withhold any amounts for payment of taxes from the compensation of Subcontractor and that Subcontractor will be solely responsible to pay all applicable taxes from said payment, including payments owed to its employees and subagents.
Insurance
Subcontractor will carry general liability, automobile liability, workers' compensation, and employer's liability insurance in the amount of Liability Coverage Amount. In the event Subcontractor fails to carry such insurance, or such insurance coverage lapses while this Agreement is in effect, Subcontractor shall indemnify and hold harmless Company, its agents and employees, from and against any such damages, claims, and expenses arising out of or resulting from work conducted by Subcontractor and its agents or employees.
Standards
All work will be done in a competent manner in accordance with applicable standards of the profession and any specific requirements of Company contracts with clients, and all services are subject to final approval prior to Company's payment.
Warranties
Subcontractor shall make no representations, warranties or commitments binding Company without Company's prior written consent.
Confidentiality
In the course of performing services, the parties recognize that Subcontractor may come in contact with or become familiar with information which Company or its clients may consider confidential. This information may include, but not limited to, information pertaining to design methods, pricing information, or work methods of Company, as well as information provided by clients of Company for inclusion in work to be developed for clients, which may be of value to competitors of Company or its clients. Subcontractor agrees to keep all such information confidential and not to discuss what evolved any of it to anyone other than appropriate Company personnel or their delegates.
The parties agree that in the event of a breach of this Agreement damages may be difficult to ascertain or prove. The parties therefore agree that if Client breaches this Agreement, Company shall be entitled to seek relief from a court of competent jurisdiction, including injunctive relief, and shall be entitled to an award of liquidated damages in the amount of Liquidation Dollar Amount.
Term of Agreement
This Agreement shall begin on Start Date and shall terminate on End Date, unless terminated for any reason by either party upon thirty (30) days prior written notice.
Communication
Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, by first-class regular mail, addressed to the other party's last known address.
Entire Agreement
This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understanding, whether written or oral. No amendment, extension, or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto.
Binding Effect
This Agreement shall be binding upon and shall inure to the benefit of Company and to Company's successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Subcontractor of any of its rights or obligations hereunder to any third party without Company's prior written consent.
Ownership Rights
All plans, ideas, improvements or inventions developed by Subcontractor during the term of this Agreement shall belong to Company and/or its clients for whom work is being performed by subcontractor. Subcontractor shall, however, retain the right to display works s/he creates for Company in their portfolio, subject to Company's written approval in advance, said approval not to be unreasonably withheld.
Non-compete
Subcontractor agrees to not perform business for or solicit business from Client for a period of 2 (two) years the date this Agreement is terminated without written permission from Company.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court. The prevailing party shall be entitled to recover its reasonable attorney fees and statutory costs.
To any portion of this Agreement declared unenforceable, that portion shall be construed to give it the maximum effect possible, and the remainder of this Agreement shall continue in full force and effect.
Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below:
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Key Takeaways
- The Subcontractor Short Form Contract is available as a ready-to-edit template.
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- You can automate financials and data merging into contracts using a Contract Pack or Professional Bundle.
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How to Build a Legal Contract with Proposal Kit
This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.
Frequently Asked Questions
How do I customize this contract to fit my business needs?
Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.
Is this contract compliant with laws and regulations?
The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.
Can I use the same contract for different clients or projects?
You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.
What should I do if I encounter a clause or term I don't understand?
If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.
How do I ensure that the contract is legally binding and enforceable?
To ensure that the contract is legally binding and enforceable, follow these steps:
- Complete all relevant sections: Make sure all blanks are filled in with accurate information.
- Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
- Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
- Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.
By Ian Lauder
Disclaimers
Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the contract template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.