Massachusetts Subcontractor's Agreement

State:
Massachusetts
Control #:
MA-00481-CPK
Format:
Word; 
Rich Text
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Description

This state specific form addresses issues for subcontract work including: identifying the parties, identifying the jobsite, describing the work, scheduling the work, payment amount, payment schedule, change orders, contractor’s delay in commencing work, late payments, dispute resolution, excusable delay, concealed conditions, insurance, and contract interpretation.
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FAQ

Massachusetts imposes a five percent sales tax on retail sales of tangible personal property in Massachusetts by any vendor.As consumers of tangible personal property, construction contractors pay sales tax to their suppliers on their purchases. See Ace Heating, 371 Mass.

Massachusetts law prohibits a contractor requiring an initial deposit of over 33% of the total contract price unless special materials are ordered. Any contractor demanding over a 33% deposit should raise a huge red flag .

Scope of Work. A subcontractor agreement should always specify the scope of work. Supply Chain. Defense & Indemnification. Insurance, Bonds, & Liens. Warranty. Arbitration. Conditional Payment.

A subcontractor has a contract with the contractor for the services provided - an employee of the contractor cannot also be a subcontractor.

Define the needs of the project. Finalize the provisions of the agreement, such as the due dates. Clarify the terms for payment. Write a draft of the contract and send it to the subcontractor for her review. Decide on a method to handle disputes, should one arise between you and the subcontractor.

Scope of the Project. Timing for Completion: Duration of Work Clause. Payment and Billing Clause. Independent Contractor Notice. Non-Disclosure Agreement. Non-Complete Clause. Work for Hire Inclusion. Responsibilities for Insurance for Accidental Damages.

Start with procurement standards. Execute all subcontracts prior to starting your projects. Help those who help you. Award the job to the lowest fully qualified bidder. Use contract scope checklists. Make sure you have tight clauses. Meet to review the proposed subcontract.

A subcontractor agreement is a contract between contractors or project managers and subcontractors. This solidifies any agreement between the two parties and assures work. Subcontractors should read the subcontractor agreement and assure specifics to protect themselves from unfair risk.

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).

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Massachusetts Subcontractor's Agreement