Concrete Subcontractor Agreement

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Concrete Subcontractor Agreement Powered By Docstoc
					This is an agreement between a general contractor and a subcontractor to perform
specified concrete work. This agreement contains standard clauses as well as
customizable clauses to ensure that the understandings of both parties are properly set
forth. These customizable clauses include the type of work to be performed, the
premises the work will be performed on, the fee charged, the length of the relationship,
and the hours and days work will be performed. This agreement is ideal for small
businesses or other entities that are in the contracting business and want to hire a
subcontractor for a specific project.
               CONCRETE SUBCONTRACTOR AGREEMENT

       THIS CONCRETE SUBCONTRACTOR AGREEMENT (the “Agreement), made this
____ day of ________________, 2_____, by and between ______________ (the “General
Contractor”) and ____________________ (the “Subcontractor”).

        WHEREAS, the General Contractor wishes to obtain the services of the Subcontractor
for the purposes of providing concrete services to the General Contractor;

         AND WHEREAS, the Subcontractor’s main business activity and services is providing
concrete services, including but not limited to, building fabrication from foundations and slabs to
tilt up panels, pouring of concrete for retaining walls, parking lots and sidewalks;

      AND WHEREAS, the Subcontractor is desirous to provide its concrete services to the
General Contractor pursuant to the terms and conditions contained herein.

       NOW THEREFORE THIS AGREEMENT WITNESSES, that for good and valuable
consideration of the mutual covenants and agreements contained herein, the receipt and
adequacy of which is hereby acknowledged, the General Contractor and the Subcontractor hereto
covenant and agree as follows:

1.00     SERVICES

1.1      The Subcontractor shall provide the following concrete services, labour, materials and
         equipment to the General Contractor for the performance of the Work (the “Work”) to be
         completed by the Subcontractor in accordance with the General Contractor’s specific
         plans and specifications and pursuant to the terms and conditions contained on Schedule
         “A” annexed hereto:

         (a)

         (b)

         (c)

         (d)

1.2      The Subcontractor shall perform the Work at the Premises municipally known as
         __________________ (the “Premises”) or at such other location as the General
         Contractor may direct.

2.00     FEES




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2.01     The General Contractor hereby agrees that it shall pay to the Subcontractor the sum of
         ____________ ($_______) Dollars (the “Fees”) for the completion of the Work at the
         Premises.

2.02     The General Contractor shall pay the Fees to the Subcontractor as follows:

         (a) upon execution of this Agreement, the General Contractor shall pay to the
             Subcontractor a Deposit in the sum of _____________ ($_______) Dollars (the
             “Deposit”) by way of cash, certified check, money order or bank draft, in
             contemplation of the completion of the Work at the Premises; and

         (b) upon the completion of the Work at the Premises, the General Contractor shall pay to
             the Subcontractor the balance of the Fees due and owing by way of cash, certified
             check, money order or bank draft, provided the Work has been completed by the
             Subcontractor satisfactory to the General Contractor. The balance of the Fees due
             and owing to the Subcontractor shall be paid to the Subcontractor in full within
             ______ (____) days of the completion of the Work.


3.00     TERMS OF RELATIONSHIP

3.01     Subject to the condition that each of the parties hereto and their servants, agents and sub-
         contractors shall at all material times have the necessary qualifications, each of the
         General Contractor and the Subcontractor agrees to use and contract exclusively with the
         other party for the concrete services to be performed at the Premises.

4.00     SUBCONTRACTOR RESPONSIBILITIES

4.01     The Subcontractor shall undertake and complete in a timely and good and workmanlike
         manner the concrete services required at the Premises by the General Contractor to the
         same extent and in the same manner as if the Subcontractor had been contracted for the
         concrete services at the Premises independently.

4.02     The Subcontractor shall maintain at a minimum a standard commercial public liability
         and property damage insurance with a ____________________ ($____________) Dollar
         coverage limit and having the General Contractor as an additional insured together with
         all other Stated specific legislated workers compensation insurance coverage and any
         other insurance as may be reasonably required by the particular General Contractor.

5.00     TERM

5.01 The term of this Agreement shall be for a period of _____________ (___) weeks or
months commencing from the date hereof and ending on the _____ day of _____________,
2_______, unless terminated at an earlier date pursuant to provisions contained herein.



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6.00     SCHEDULING OF WORK

6.01     The Subcontractor agrees that it shall not deliver any material or equipment to the
         Premises or commence the Work until the Subcontractor receives written notice from the
         General Contractor to do so.

6.02     The Subcontractor will commence the Work upon receiving such written notification
         from the General Contractor and shall perform the Work on Work Days. Work Days
         shall mean the days commencing Monday through Friday between the hours of _______
         a.m. and _______ p.m.

7.00     TERMINATION OF AGREEMENT

7.01 This Agreement shall be terminated prior to the end of the term and the General
Contractor and the Subcontractor will relieved of any further obligations hereunder as follows:

         (a)      where an execution or any other process of any court shall become enforceable
                  against one party or a distress or analogous process shall be levied upon the
                  property of one party or any part thereof then in either event the other party, at its
                  sole option, may terminate this Agreement;

         (b)      where one party shall become insolvent or commit an act of bankruptcy, or make
                  an assignment in bankruptcy or a bulk sale of its assets or a bankruptcy petition
                  shall be filed or presented against a party and not be bona fide opposed by such
                  party the other party, at its sole option, may terminate this Agreement; or

         (c)      either party may terminate this Agreement where the other has ceased to carry on
                  the business contemplated by this Agreement and as was being carried on as of
                  the date hereof.

8.00     GENERAL PROVISIONS

8.01     This Agreement shall be governed by and interpreted according to the laws of the State of
         ____________________.

8.02     The Subcontractor liability shall be strictly limited to the value of the concrete services
         agreed to be performed and for greater certainty the Subcontractor shall not be liable for
         any general, special, incidental or consequential damages including, but not limited to,
         property and equipment damage, loss of production, loss of profits, loss of




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         revenue, or any other business or economic disadvantage suffered by either the General
         Contractor or the customer on account of any default or negligence of the Subcontractor.
         The Subcontractor agrees to indemnify and save the General Contractor harmless from
         any claims or judgments brought or made against it in contravention or excess thereof.

8.03     This Agreement may not be assigned or transferred by either party without the express
         written consent of the other party which consent may be withheld in the discretion of the
         consenting party.

8.4      This Agreement and the Schedules referred to herein constitute the entire agreement
         between the parties and supersede all prior agreements, representations, warranties,
         statements, promises, information, arrangements and understandings, whether oral or
         written, express or implied, with respect to the subject matter hereof. The parties further
         acknowledge and agree that, in entering into this Agreement, they have not in any way
         relied, and will not in any way rely upon any oral or written agreements, representations,
         warranties, statements, promises, information, arrangements or understandings, express
         or implied, not specifically set forth in this Agreement or in such schedules, documents or
         instruments.

8.5      Each provision of this Agreement is intended to be severable. If any provision hereof is
         illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder
         hereof.

8.6      This Agreement shall be binding upon and ensure to the benefit of the parties and their
         respective heirs, administrators, executors, successors and permitted assigns. Nothing
         herein, express or implied, is intended to confer upon any person, other than the parties
         and their respective heirs, administrators, executors, successors and permitted assigns,
         any rights, remedies, obligations or liabilities under or by reason of this Agreement.

               IN WITNESS WHEREOF, the General Contractor and the Subcontractor have
executed this Agreement as of the day and year first written above.

                                                                 (CONTRACTOR)
                                                                 Per:


                                                                 Name:
                                                                 Title:
                                                                 I have authority to bind the Company.




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                                                                 (SUBCONTRACTOR)
                                                                 Per:


                                                                 Name:
                                                                 Title:
                                                                 I have authority to bind the Company.




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                                                 SCHEDULE “A”

                                         TERMS AND CONDITIONS




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DOCUMENT INFO
Description: This is an agreement between a general contractor and a subcontractor to perform specified concrete work. This agreement contains standard clauses as well as customizable clauses to ensure that the understandings of both parties are properly set forth. These customizable clauses include the type of work to be performed, the premises the work will be performed on, the fee charged, the length of the relationship, and the hours and days work will be performed. This agreement is ideal for small businesses or other entities that are in the contracting business and want to hire a subcontractor for a specific project.
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