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, contractors delay in commencing work, late payments, dispute resolution, excusable delay, concealed conditions, insurance, and contract interpretation.
San Jose California Subcontractor's Agreement
State:
California
City:
San Jose
Control #:
CA-00481-CPK
Format:
Word;
Rich Text
Instant download
Description
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FAQ
A subcontractor is someone who sets their own hours and chooses the work they want to do. They get paid by the contractor for their services, and have to pay their own taxes, provide their own tools and supplies, and do not generally receive health insurance, benefits, or vacation time from an employer.
To ensure you're protected from start to finish, always follow these protocols before you hire. Get Proof of Bonding, Licenses, and Insurance.Don't Base Your Decision Solely on Price.Ask for References.Avoid Paying Too Much Upfront.Secure a Written Contract.Be Wary of Pressure and Scare Tactics.
A subcontractor agreement is a legal document that a general contractor uses on a construction project to hire a subcontractor. This contract is a legally binding agreement that defines the terms of a smaller job within the main project to be completed by an entity that is not the GC.
Generally, once a subcontractor is listed the general contractor may not substitute another subcontractor for the same work. California Public Contracts Code §4107 provides that no prime contractor whose bid is accepted may substitute another subcontractor in place of the subcontractor listed in the original bid.
The responsibility of a subcontractor is to complete all tasks assigned by the general contractor correctly and within the specified timeline.
Sub-contractor agreements are formal written documents that outline the terms and scope of work for the sub-contractor in a project. They spell out the duties of the contractors and subcontractors and how they should relate with each other until the project is concluded.
(a) Generally, prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors (but see 9.405 and 9.405-2 regarding debarred, ineligible, or suspended firms).
What's included in a subcontracting agreement? the subcontracted services. price and payment. service levels (optional) change control. liability (including indemnity for the main contractor) ending the agreement. dependency on the main contract.
Subcontractors undertake work that a contractor cannot do but for which the contractor is responsible. Subcontractors can be anything from an individual self-employed person - eg a plumber carrying out work for a building contractor - to a large national organisation.
A subcontractor agreement is needed any time a second company is brought in to complete a project within the original scope of work on an originating construction contract.