In the Construction industry subcontractor contracts play a decisive role. The various tasks and responsibilities are clearly defined here. At the same time, they ensure that projects are completed efficiently and successfully. These contracts are complex and contain numerous clauses and provisions that need to be carefully drafted in order to minimise legal and financial risks.
10 points that are part of the subcontractor contract
1. contracting parties and definitions
The first section of a subcontractor contract should clearly identify the parties to the contract and define their roles and responsibilities. The main contractor is the party that concluded the original contract with the client and is responsible for the overall coordination of the construction project.
The subcontractor is the party that takes over specific tasks or parts of the project and carries them out on behalf of the main contractor. It is important to provide clear definitions for all relevant terms in the contract to avoid misunderstandings. This includes terms such as "works", "project", "materials" and "period of performance".
2. service description subcontractor contract construction
The service description is a central component of the subcontractor contract. It defines the specific tasks and services to be provided by the subcontractor. These are
- A precise and detailed description of the work to be carried out, including all technical specifications and requirements.
- Reference to all relevant drawings, plans and technical documentation relating to the subcontractor's work.
- Specification of the materials and equipment to be used, including quality requirements and standards.
3. contract duration and schedule
The contract duration and schedule are critical to ensure that the project is completed on time. This section should include the following:
- Clear indication of the start and end date of the work, including all important milestones.
- A detailed schedule that includes all important phases of the project and their respective deadlines.
- Provisions on how delays are handled and under what conditions extensions may be granted
4. remuneration and terms of payment
Remuneration and payment terms are key aspects of the contract that must be clearly and transparently regulated. This includes
- Determination of the total amount to be paid for the execution of the work.
- A detailed payment schedule that specifies when and under what conditions payments will be made, including down payments, interim payments and final payment.
- Specification of the payment modalities, including the method of payment (bank transfer, cheque, etc.) and the payment deadlines.
- Provisions on possible deductions and rights of retention of the main contractor if the work does not meet the contractual requirements.
5 Liability and insurance
In order to minimise the risk for both parties, liability and insurance provisions should be clearly regulated in the subcontractor contract:
- Provisions on the subcontractor's liability for damage resulting from the execution of the work and on liability for delays and non-performance.
- Requirements for the insurance policies to be taken out by the subcontractor, including liability insurance, construction works insurance and, if applicable, professional indemnity insurance.
- Indemnity clauses that protect the main contractor from third-party claims.
6. quality assurance and acceptance
Quality assurance and acceptance processes are crucial to ensure that the subcontractor's work fulfils the contractual requirements:
- Definition of the quality requirements and standards that the subcontractor must fulfil.
- Provisions on the performance of inspections and tests to check the quality of the work.
- A detailed acceptance procedure that describes how the work will be accepted, including the performance of acceptance inspections and the issuing of acceptance reports.
- Regulations on liability for defects and the rectification of defects within a certain period after acceptance.
7. change management
Changes may become necessary during project implementation. This section regulates how changes are handled:
- A formal procedure for requesting and authorising changes to contractual services.
- Rules on how changes may affect the contract costs and schedule
- Requirements for the documentation of changes, including all approved change orders.
8. cancellation and termination of contract
The provisions on cancellation and contract termination are crucial to avoid legal disputes:
- Clear definition of the grounds on which the contract can be terminated, both by the main contractor and by the subcontractor.
- Determination of the notice periods that must be observed.
- Regulations on the financial and legal consequences of cancellation, including billing for services rendered and the return of materials and equipment.
9. dispute resolution
In order to effectively resolve possible disputes, provisions for dispute resolution should be included in the contract:
- A negotiation procedure designed to oblige the parties to first reach an agreement through negotiations.
- Arbitration clauses if a negotiation is unsuccessful.
- Provisions on jurisdiction and the place of jurisdiction for legal proceedings.
10. general provisions of the subcontractor agreement
The contract should also contain general provisions that regulate important legal and administrative aspects:
- Determination of the applicable law that applies to the contract.
- A severability clause that ensures that the contract remains valid even if a provision is invalid or unenforceable.
- Confidentiality provisions to protect sensitive information.
- A clause stipulating that amendments and additions to the contract must be made in writing.
- A clause confirming that the contract fully and finally regulates all agreements between the parties.
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