Construction Contract For Subcontractor In Santa Clara

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

Description

The Construction Contract for Subcontractor in Santa Clara outlines the agreement between a Contractor and Owner for the construction of a specified project. It covers the scope of work, including labor, materials, and details regarding the worksite. Key features include the obligation for the Contractor to secure necessary permits and insurance, as well as the stipulation that soil conditions are the Owner's responsibility. This form allows for changes to the project scope through written 'Change Orders,' with cost adjustments agreed upon by both parties. Additionally, it specifies payment structures, including options for cost-plus and fixed fees, late payment terms, and warranties on workmanship. This document serves as a vital tool for attorneys, partners, owners, associates, paralegals, and legal assistants by providing a clear framework for construction agreements, ensuring compliance with local regulations, and protecting interests in contractor agreements.
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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

What is a contractor? A contractor is a person or business who works directly with a client to execute a job, offer a service, or deliver materials. Subcontractors are frequently hired by contractors for larger projects that require specialised expertise or extra hands on the job.

Unlike with an independent contractor, the subcontractor has no direct relationship with the individual or business that “owns” the larger project. The contractor hires and pays the subcontractor directly for specific parts of the project.

The primary difference between a subrecipient and a contractor is the level of control the pass-through entity has over the work being performed. In the case of a subrecipient, the pass-through entity usually retains significant control over the project and the subrecipient's work.

What Is a Subcontractor Agreement? A subcontractor agreement is the equivalent of a contract of employment between an employer and an employee. The big difference is that the former will have a limited scope of works that the subcontractor is responsible for both in terms of time as well as job functions.

Contractors hire subcontractors to help them complete specific jobs that are usually part of a larger project. Because subcontractors are highly skilled in certain areas, they can often complete those tasks faster and better than the contractor could.

A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.

12 Key Components of a Subcontractor Agreement Identification of Parties. Insurance and Licensing Requirements. Scope of Work. Payment Terms and Conditions. Project Schedule and Duration. Material and Equipment. Change Order Procedures. Quality Standards and Compliance.

Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.

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.

To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.

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Construction Contract For Subcontractor In Santa Clara