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Plumbing Subcontractor Agreement

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Plumbing Subcontractor Agreement Powered By Docstoc
					This Plumbing Subcontractor Agreement is made between a general contractor and a
subcontractor for the provision of plumbing services. This document contains the
material terms and conditions of the agreement including the scope of services, the
payment details and the term of the agreement. It contains numerous standard
provisions that are commonly included in these types of agreements and may be
customized to address the specific needs of the contracting parties. This document
should be used by plumbing subcontractors and general contractors when entering into
an agreement for services.
               PLUMBING SUBCONTRACTOR AGREEMENT

       THIS PLUMBING 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 residential/commercial/industrial plumbing services to the General
Contractor;

        AND WHEREAS, the Subcontractor’s main business activity and services include, but
are not limited to, plumbing and hot water heating services, drain cleaning and repair, water well
pumping systems, water softener systems and filters and complete drain and sewer services;

      AND WHEREAS, the Subcontractor is desirous to provide its plumbing 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 plumbing 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)

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.




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2.00     FEES

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 plumbing 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 plumbing 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
         plumbing 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.




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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.


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.




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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 plumbing 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 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 enure 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.




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               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.


                                                                 (SUBCONTRACTOR)
                                                                 Per:


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




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                                                 SCHEDULE “A”

                                         TERMS AND CONDITIONS
                       PAINTING TERMS AND CONDITIONS

1.       HAZARDOUS MATERIALS

In the event the Subcontractor encounters any hazardous materials while performing the Work,
the Subcontractor may stop the Work until such time a fee has been negotiated between the
General Contractor and the Subcontractor for the removal of the hazardous materials. Hazardous
materials shall mean any material that because of its quantity, concentration or physical chemical
characteristics may pose a real hazard to human health or the environment. Hazardous materials
shall include, but not be limited to, flammable and combustible material, toxic material,
corrosive material, aerosols, compressed gases, mercury, asbestos, bulk fuels, medical waste and
chemical, biological and radiological materials.

2.       REMOVAL OF DEBRIS

Upon completion of the Work, the Subcontractor agrees that it shall promptly remove all debris
and equipment from the Premises and leave the Premises in a good state of cleanliness.

3.       ARBITRATION

In the event a dispute arises under this Agreement, the General Contractor and the Subcontractor
hereby agree to attempt to resolve such dispute with a mutually agreed upon mediator. Such
mediation shall occur in the City of ______________. Any costs and fees other than attorney
fees shall be shared equally between the General Contractor and the Subcontractor. If it proves
impossible to arrive at a mutually satisfactory solution, the General Contractor and the
Subcontractor hereby agree to submit the dispute to binding arbitration in the same city or
region, conducted on a confidential basis pursuant to the laws of the governing jurisdiction.

Any decision or award as a result of any such arbitration proceeding shall include the assessment
of costs, expenses and reasonable attorney's fees and shall include a written determination of the
arbitrators. An award of arbitration shall be final and binding on the General Contractor and the
Subcontractor and may be confirmed in a court of competent jurisdiction. The prevailing party
shall have the right to collect from the other party its reasonable costs and attorney fees incurred
in enforcing this Agreement.

4.       FEES

In the event the General Contractor fails to make the payment of Fees to the Subcontractor as
contemplated in the Agreement, the Subcontractor shall have the right to cease all Work at the
Premises until such time the General Contractor makes all payments due and owing to the
Subcontractor. In the event the General Contractor fails to make any payment of fees due and
owing to the Subcontractor within ______ (___) days of such payment being due, the


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Subcontractor shall have the right to breach the failure of such payment as a material breach of
the Agreement and shall have the right to terminate the Agreement and not complete the Work
contemplated therein.

5.       COMPLIANCE WITH BUILDING REGULATIONS

The General Contractor agrees that the Subcontractor shall not be held liable or responsible for
the failure by the General Contractor to adhere to any relevant building codes, regulations or
ordinances. The Subcontractor shall not be held responsible or liable for any existing abnormal
or unusual conditions at the Premises.

6.       ADDITIONAL WORK

In the event any additional work required to be done by Subcontractor will be provided by the
Subcontractor upon written authorization of the General Contractor. The Subcontractor and the
General Contractor agree that payment to the Subcontractor of any additional work required to
be done shall be negotiated between the Subcontractor and the General Contractor prior to the
commencement of any additional work by the Subcontractor.

7.       ASSIGNMENT

The General Contractor and the Subcontractor agree that the Subcontractor may/may not assign
any of the Work contemplated herein to a third party with/without the prior written consent of
the other party.

8.       FORCE MAJEURE

Neither the General Contractor nor the Subcontractor is responsible for the failure to fulfil its
obligations under this Agreement or for delay in doing so if such failure or delay is due to
circumstances beyond its control, such as, but not limited to, acts of God, acts of government,
war, riots, strikes, accidents in transportation. The General Contractor and the Subcontractor
agree to immediately provide notice of any such circumstance and hereby undertakes to restore
the status quo as soon as is feasible.

9.       INSURANCE

The General Contractor will maintain at its sole cost and expense, fire insurance in an amount of
not less than ______________ ($______) Dollars. Such insurance coverage shall include
construction, vandalism and malicious mischief clauses. The insurance in place by the General
Contractor will name the General Contractor and its subcontractors as additional insureds under
the policy. In the event the General Contractor fails to obtain and maintain such insurance
coverage for the Work to be performed, the Subcontractor may at its sole option purchase such
insurance at the costs of the General Contractor.

The Subcontractor agrees that it will prior to the commencement of the Work and throughout the
duration of the Work obtain and maintain Worker’s Compensation Insurance for the



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Subcontractor’s employees. The Subcontractor shall maintain adequate coverage against any
claims which may be made against the Subcontractor for Worker’s Compensations,
unemployment insurance and taxes. The Subcontractor must maintain public liability, property
damage and builder’s risk insurance in the aggregate amount of _____________ ($__________)
Dollars for the duration of the Agreement, with the General Contractor.

10.      INDEMNIFICATION

The General Contractor hereby agrees to indemnify and hold the Subcontractor, its affiliates,
successors and assigns and its employees, harmless from and against any and all claims which
may arise out of the General Contractor’s Work at the Premises or from the conduct of the
General Contractor’s business at the Premises. The General Contractor further agrees to
indemnify and hold the Subcontractor, its affiliates, successors and assigns and its employees
harmless from and against any and all claims arising from any breach or default in the
performance of any of the obligations on the General Contractor’s part to be performed under the
terms of this Agreement or arising from any negligence of the General Contractor or any of the
General Contractor’s agents, subcontractors or employees and from and against all costs,
including reasonable attorney fees, expenses and liabilities incurred in the defense of any such
claim or any action or legal proceeding brought thereon.

11.      GOVERNMENTAL COMPLIANCE

The General Contractor shall be liable and responsible for and shall ensure at all times that the
General Contractor and its employees and subcontractors comply will all local, state and federal
laws.

The General Contractor shall at all times while the Work is being performed at the Premises,
ensure that clean drinking water and suitable toilet facilities are available for use.

12.      MATERIAL

The amount Fees payable under this Agreement are subject to increase if the cost of Materials
increases by more than __________ (_____%) percent over the amount quoted to the General
Contractor by the Subcontractor between the date of this Agreement and delivery of such
Materials to the Premises for the Work. In the event of such increases, and upon written
documentation establishing the extent of the increase, the Fees will be equitably adjusted.

13.      UTILITIES

In the event the Subcontractor requires trenching, excavating, tunnelling or boring to perform the
painting services at the Premises, then prior to commencing the Work the Subcontractor will be
solely responsible for identifying and locating all existing underground utilities that may
interfere with the Work to insure that such services are not damaged by the Subcontractor’s
operations.




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The Subcontractor will take all reasonable measures necessary to identify and avoid damaging
the services.

In the event underground utilities are identified, which may interfere with the painting services
of the Subcontractor, then the Work shall not commence without first obtaining the written
permission from the General Contractor.

The Subcontractor is responsible to protect the work of other trades from damage caused by the
painting services and shall be responsible for the repair of such damage.

14.       CHANGES IN WORK

The General Contractor may make changes by altering, adding to, or deducting from the Work
with the fees being adjusted accordingly. Changes to the Work will be in writing by the General
Contractor and agreed to in writing by the Subcontractor.

Any additional Work to be completed by the Subcontractor shall be calculated as follows:

      (i)
      (ii)
      (iii)

15.       SUBCONTRACTOR SIGNS

The General Contractor agrees to permit the Subcontractor to display a sign on the Premises until
all Work is completed by the General Contractor at the Premises.

16.       PAINTING MATERIALS

The Subcontractor shall be solely responsible for providing all of the necessary equipment and
materials required to perform the painting services at the Premises, including but not limited to,
all paint brushes, paint rollers and accessories, drop sheets or cloths for the protection of flooring
and carpets, painters tape, caulking guns, pails, scrapers, drywall repair tools, wire brushes and
cleaning supplies. All paint shall be supplied by the Subcontractor/General Contractor.

Any and all surplus paint shall be (retained by the Subcontractor/returned to the General
Contractor.

17.       SAFETY

The Subcontractor agrees to accept responsibility for the prevention of accidents to workers
engaged upon or in the vicinity while performing the painting services at the Premises. The
Subcontractor agrees to adhere to all federal, state, municipal and local laws, rules, regulation,
codes, standards, notices and requirements concerning safety while performing the painting
services and shall be solely responsible for the training of the Subcontractor’s employees and its
sub-subcontractors employees as required to comply with federal and state statues.



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All employees of the Subcontractor will wear all appropriate and necessary safety clothing and
shoes at all times while performing the Work at the Premises.

The Subcontractor shall take all of the necessary precautions and measure to prevent fire hazards
and spontaneous combustion while working with any toxic or flammable solvents on the
Premises. Smoking shall not be permitted on the premises while performing the painting
services.

18.      GENERAL PROVISIONS

The Subcontractor shall ensure upon the completion of the painting services that all hardware,
fixtures and other accessories are free and clear of any paint and shall remove any paint that may
be present on any and all hardware, fixture and other accessories contained in the Premises.




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DOCUMENT INFO
Description: This Plumbing Subcontractor Agreement is made between a general contractor and a subcontractor for the provision of plumbing services. This document contains the material terms and conditions of the agreement including the scope of services, the payment details and the term of the agreement. It contains numerous standard provisions that are commonly included in these types of agreements and may be customized to address the specific needs of the contracting parties. This document should be used by plumbing subcontractors and general contractors when entering into an agreement for services.
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