Construction Contract With Subcontractor In New York

State:
Multi-State
Control #:
US-00462
Format:
Word; 
Rich Text
Instant download

Description

The Construction Contract with Subcontractor in New York is a formal agreement outlining the relationship between a contractor and an owner regarding a construction project. This contract delineates the scope of work, specifically describing the construction project based on plans and specifications agreed upon by both parties. Key features of this contract include provisions for site conditions, insurance requirements, and the process for making changes to the scope of work through written change orders. Additionally, the contract stipulates the contractor's fees, which can be either cost plus or fixed fee, as well as the implications of late payments, including potential late charges and collection costs. It also includes warranty details, limited to defects in workmanship for one year. The document serves as a vital resource for attorneys, partners, and legal staff by providing a clear framework for commercial construction projects, ensuring compliance with local regulations and detailing essential responsibilities. This contract is particularly useful for owners and contractors navigating the complexities of construction agreements, helping to mitigate disputes and clarify expectations.
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  • Preview Construction Contract for Home - Fixed Fee or Cost Plus
  • Preview Construction Contract for Home - Fixed Fee or Cost Plus

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FAQ

8 things a subcontractor agreement should include Business information. Include names, businesses names, and contact information for both the subcontractor and the hiring contractor. Scope of work. Payment terms. Change orders. Licensing and insurance coverage. Dispute resolution. Termination clause. Flow-down provisions.

How To Write A Construction Contract With 7 Steps Step 1: Define the Parties Involved. Step 2: Outline the Scope of Work. Step 3: Establish the Timeline. Step 4: Determine the Payment Terms. Step 5: Include Necessary Legal Clauses. Step 6: Address Change Orders and Modifications. Step 7: Sign and Execute the Contract.

Not all deals are required to be in writing. Often, smaller, less valuable transactions, or short-term services, may not require a written agreement at all. Depending on your comfort level, however, a written agreement can make sure both buyer and seller are on the same page.

Here are what the Smith + Malek team has seen as the most common errors in construction contracts: It's not written down. Both parties haven't signed the contract. Not all of the terms of the agreement are in writing and in the contract. The timeline is unclear. Particular terms aren't defined.

Each subcontractor should complete Form W-9 before they begin any work. On the form, the subcontractor identifies their business structure type (sole proprietorship, corporation, etc.). Form W-9 also asks for the subcontractor's name and Taxpayer Identification Number (TIN).

New York Labor Laws 240 and 241 Provide training on how to properly use safety equipment (e.g., scaffolding, ladders, harnesses, and other equipment designed to prevent workplace injuries). Inspect safety equipment regularly to ensure it is functioning properly and appropriate for the job.

Labor Law Section 220-i(6) prohibits contractors from bidding on public work and subcontractors from commencing work unless the contractor or subcontractor is registered with NYSDOL. This section requires contractors to submit their Certificate of Registration with their bid materials.

Criminal possession of a controlled substance; presumption. Use of a child to commit a controlled substance offense. Criminal sale of a controlled substance in the fifth degree.

Here's what's required: Complete the basic license application. Create a login and apply for licensing. Provide sales tax ID number. Provide proof of residency. Provide proof of business address. Provide proof of workers' compensation insurance. Provide proof of EPA certification (for businesses that apply)

There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

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Construction Contract With Subcontractor In New York