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Thus, if a general contractor's subcontract currently requires its subcontractors to indemnify it from any and all claims or disputes arising from general contractor's sole negligence, it will not be enforceable.
No. It depends on the facts, but in this case the general contractor did not retain enough control to be liable. A recent Texas Supreme Court case provides a good example of how Texas courts evaluate general contractor liability to subcontractors and its' employees for on-the-job personal injuries.
The Subcontractor Agreement between a contractor and a subcontractor will cover many aspects of the agreement, including, but not limited to: specifying the obligations of the subcontractor; specifying the payment details for the subcontractor; specifying the required performance of the subcontractor; specifying the
Generally, under Texas law, an entity that employs an independent contractor does not maintain a duty to ensure that the subcontractor performs its work safely.
How do I write a subcontractor agreement?Negotiate and finalise all terms and conditions of the agreement.Draft the agreement in writing and send it to the subcontractor for review.Review the agreement, sign and execute.