I had someone send me this contract to look at, they do subcontract route work for this company, and they sent out this new contract for everyone to sign. Would you sign this if you were the subcontractor?
Subcontractor Agreement
THIS AGREEMENT made and entered into by and between __________ _______________ Maintenance, hereinafter called the Contractor and ________________, hereinafter called the Subcontractor. WITNESSETH:
The Contractor, for the full complete and faithful performance of this subcontract, agrees to pay to the Subcontractor, in accordance herewith, the sum of a percentage determined for each job payable as follows: Subcontractor will be compensated upon completion of all work assigned and upon submitted completed tracking form (script sheet), sales slips, and invoices. Subcontractor invoice is to be enumerated and dated. Required documentation is to be sent to Contractor via email, fax and postal mail within first week of following month. Failure to do so, will result in a thirty dollar deduction for late paperwork, also any work missed will have one hundred percent of customer’s fee deducted from total amount owed for the month. All work shall be completed in the assigned time period. Terms are retroactive to any previous or new entities. Payment terms are thirty days from the date all proper paperwork is received.
In consideration therefore, the Subcontractor agrees as follows:
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To furnish all supervision, labor and materials, and perform all work as described in Paragraph 2 hereof, for the consideration of amount determined per job for a client, hereinafter called Account, in accordance with the agreement made, between the Owner and the Contractor, and the general and special conditions of said Contract.
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To be bound by the terms of said PROVISIONS PRINTED ON THE FOLLOWING PAGE HEREOF, which are hereby referred to and made a part of this Subcontract, Subcontractor certifies that the Provisions has been read by him.
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That the labor and materials included, and the work to be performed by the Subcontractor is as follows: The cleaning of assigned job in its entirety, work done with integrity, and Account satisfied with cleaning afterwards. Quality of cleaning will be determined by the Contractor and who reserves the right to send the Subcontractor back to the jobsite to remedy discrepancies. Subcontractors are responsible for purchasing and maintaining own equipment required for each Account assigned.
Day of____________, 20______
Contractor_________________________________________
________________________________________
Subcontractor_______________________________________
(PROVISIONS PRINTED ON ALL PARTS OF THIS AGREEMENT ARE BINDING UPON THE PARTIES)
THE SUBCONTRACTOR AGREES:
(A) To assume toward the CONTRACTOR, so far as the SUBCONTRACT work is concerned, all the obligations and responsibilities which the CONTRACTOR assumed toward the ACCOUNT by the main contract. The SUBCONTRACTOR agrees not to assign or sublet said work or any portion thereof without the written consent of the CONTRACTOR.
(B) To start work when notified by the CONTRACTOR, and to complete the several portions and the whole of the work herein sublet, at such times as will enable the CONTRACTOR to fully comply with the contract with the ACCOUNT, and to be bound by the provisions in the main contract with the ACCOUNT for liquidated damages, if caused by the SUBCONTRACTOR.
© To submit to the CONTRACTOR applications for payment at such reasonable times as to enable the CONTRACTOR to apply for and obtain payment from the ACCOUNT, and to receive as progress payments from the CONTRACTOR the amounts allowed to the CONTRACTOR by the ACCOUNT on account of the SUBCONTRACTOR’S work to the extent of the SUBCONTRACTOR’S interest therein. Final payment shall be made within a reasonable time after the completion and acceptance of the subcontract work unless a definite time for final payment is fixed on the face thereof.
(D) The CONTRACTOR may, without invalidating this SUBCONTRACT, order extra work or make changes by altering, adding to, or deducting from the work; the price herein being adjusted accordingly. All such work shall be executed under the conditions hereof, and of the main contract, except that any claim for extension of time cause thereby must be agreed upon as the time of ordering such change.
(E) To make no claims for extras unless the same shall be fully agreed upon in writing by the CONTRACTOR prior to the performance of any such work.
(F) The CONTRACTOR has the status of an employer as defined by the Unemployment Compensation Act of the State, and all similar acts of the National Government, and including all Social Security Acts; that he will withhold from his payrolls the necessary Social Security and Unemployment reserves, and pay the same; that the CONTRACTOR shall in no way be liable as an employer to or on account of any of the employees of the SUBCONTRACTOR; that the SUBCONTRACTOR will as an employer, to the extent of any of his employees under this contract, conform to all rules and regulations of Social Security Acts and Unemployment Commissions created by said laws, and that he will furnish satisfactory evidence to the CONRACTOR that he is conforming to said laws, rules and regulations. The SUBCONTRACTOR herby releases and indemnifies the CONTRACTOR from any and all liabilities under said laws.
(G) That the SUBCONTRACTOR will pay any and all federal, state and municipal taxes and licenses, including sales taxes, if any, for which the SUBCONTRACTOR may be liable in connection with the labor and materials herein, or in carrying out the SUBCONTRACT, prior to final payment being made to him.
(H) To pay industrial insurance and all other payments required under Workmen’s Compensation laws as the same become due, and to furnish the CONTRACTOR with evidence that the same has been paid before final payment is made on the SUBCONTRACT.
(I) That all scaffolding, apparatus, ways, works, machinery and plans brought upon the premises by the SUBCONTRACTOR shall remain his property, but in case of default and the completion of the work by the CONTRACTOR, the latter shall be entitled to use the said scaffolding, apparatus, ways, works, machinery and plans without cost or liability for depreciation of damage by use and without prejudice to CONTRACTOR’S other rights or remedies for any damages or loss sustained by reason of said default.
(J) In the event the contract herein is upon a unit price, it is understood and agreed that any quantities and amounts mentioned are approximate only and may be more or less at the same units price and subject to change as ordered and directed by the CONTRACTOR.
(K) To indemnify and save harmless the CONTRACTOR from and against any and all suits, claims, actions, losses, costs, penalties and damages, of whatsoever kind of nature, including attorney’s fees, arising out of, in connection with, or incident to the SUBCONTRACTOR’S performance of this SUBCONTRACT. Within ten (10) days after the execution of this SUBCONTRACT agreement, to obtain and furnish to the CONTRACTOR, a corporate surety bond in the full amount of the SUBCONTRACT price. Said bond shall name the CONTRACTOR as the obliged and shall indemnify the CONTRACTOR against loss or damage arising by reason of the failure of the SUBCONTRACTOR to perform all of the provisions of this SUBCONTRACT according to its terms and conditions, to pay for labor performed or material furnished in connection with this SUBCONTRACT. Said bond shall be furnished by a corporate surety company acceptable to the CONTRACTOR, and authorized to do business in the State in which the work is located. The premium for said bond shall be paid for by the CONTRACTOR, but only to the extent of the premium which would result from the application of the lowest available surety bond rate which is applicable to the work involved.
(L) To immediately, after receiving written notice from the CONTRACTOR, proceed to remove or take down from the grounds or buildings, all materials condemned by the CONTRACTOR whether worked or not, as unsound or improper, or as in any way falling to conform to the main contract, including the general or special conditions, drawings, specifications or addenda. Failure of the CONTRACTOR to immediately condemn and work or materials as installed shall not in any way waive the CONTRACTOR’S right to object thereto at any subsequent time.
(M) To commence and at all times to carry on, perform and complete this SUBCONTRACT to the full and complete satisfaction of the CONTRACTOR, and of the ACCOUNT. It is specifically understood and agreed that in the event the CONTRACTOR shall at any time be of the opinion that the SUBCONTRACTOR is not proceeding with diligence and in such a manner as to satisfactorily complete said work within the required time, than and in that event the CONTRACTOR shall have the right, after reasonable notice, to take over said work and to complete the same at the cost and expense of the SUBCONTRACTOR, without prejudice to the CONTRACTOR’S other rights or remedies for any loss or damage sustained.
(N) Upon completion of any units of the work, and upon final completion thereof, to clean up all refuse and rubbish, same caused by the SUBCONTRACTOR, and to promptly remove all excess materials, tools, structures, etc., which may have been brought on the premises or erected by the SUBCONTRACTOR, and in the event of the failure of the SUBCONTRACTOR so to do, the CONTRACTOR may, after reasonable notice to the SUBCONTRACTOR, clean up the premises at the cost and expense of the SUBCONTRACTOR.
(O) Upon cleaning of the work, if any potential commercial ACCOUNT solicits or ask for assistance or information from the SUBCONTRACTOR, the ACCOUNT must be referred to the CONTRACTOR. The SUBCONTRACTOR also agrees to not compete for any future or former ACCOUNT under any previous or new entity, which includes all services provided by the CONTRACTOR, for duration of two (2) years from termination of SUBCONTRACT. The SUBCONTRACTOR also agrees not to provide any form of self promotion to any future or former ACCOUNTS. In the event of the failure of the SUBCONTRACTOR so to do, the CONTRACTOR may, after reasonable notice to the SUBCONTRACTOR, forfeit any or all payments and take legal action to recover any additional losses.
§ Upon cleaning of the work, if any ACCOUNT refuses service, the SUBCONTRACTOR must provide written acknowledgment of the occurrence the same date in which the occurrence occurred. SUBCONTRACTOR must supply information connected to the occurrence.
(Q) Upon agreement the SUBCONTACTOR will be furnished with a route, which consists of a package of ACCOUNTS. This package is designed with the intent to be serviced as a package. SUBCONTRACTOR may not subtract or add ACCOUNTS at there own behalf.
® CONTRACTOR will take allowances for vacation time, as long as SUBCONTRACTOR provides thirty (30) days notice. This time is limited by time and geographical area. Approval is on a first come, first serve basis.
(S) SUBCONTRACTOR may terminate agreement without penalty, so long as they provide forty five (45) day notice.
