Siding Subcontractor Agreement

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Siding Subcontractor Agreement Powered By Docstoc
					This is an agreement between a general contractor and a subcontractor for the
installation or repair of the siding of a building or dwelling. This agreement covers what
services are to be performed, what materials are to be used, the rate, the term of the
relationship, and the scheduling of the work. This agreement can be used by general
contractors that want to employ a subcontractor or by a subcontractor looking to work
for a general contractor for siding services.
                                                                 Siding Subcontractor Agreement


                SIDING SUBCONTRACTOR AGREEMENT

       THIS SIDING 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 siding installation services to the
General Contractor;

        AND WHEREAS, the Subcontractor’s main business activity and services is the
installation and repair of siding, including but is not limited to, the installation of aluminum,
cedar, seamless steel, stone, stucco, vinyl and wood clapboard siding;

      AND WHEREAS, the Subcontractor is desirous to provide its siding 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

1.01   The Subcontractor shall provide the following siding 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)

1.02   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 siding 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 siding 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 siding
       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 siding 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.

8.04   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.

8.05   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.

8.06   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.
                                         6



               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
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DOCUMENT INFO
Description: This is an agreement between a general contractor and a subcontractor for the installation or repair of the siding of a building or dwelling. This agreement covers what services are to be performed, what materials are to be used, the rate, the term of the relationship, and the scheduling of the work. This agreement can be used by general contractors that want to employ a subcontractor or by a subcontractor looking to work for a general contractor for siding services.
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