SUBCONTRACTOR PERFORMANCE AGREEMENT
FOR
RESIDENTIAL CONSTRUCTION
_____________________________________
(type of work, e.g. electrical)

     THIS AGREEMENT, entered this _____ day of ________________________,
yr___, between _________________________________________ (owner/builder) of
_____________________________________________________________ (address)
and _________________________________________________ (name of company)
of ___________________________________________________________ (address)
is established and conditioned on the following terms:
     1. PARTY STATUS: Owner shall serve as the general contractor on the building project described in paragraph 2 herein. Subcontractor shall serve in his/her own capacity as a legal entity known as an Independent Contractor and, accordingly, shall employ, compensate and manage any assistance required for performance of this contract. Subcontractor shall be responsible for: liability insurance for work related to this project, workers' compensation for its employees, appropriate tax withholding (federal, state and local), appropriate job service taxes(federal, state and local), and all union relations. Subcontractor shall hold owner/builder harmless and thereby indemnify owner/builder for any claims made that may be generated from work related to this project.
     2. JOB SITE: The job site for this project shall be kept free of debris, trash, dangerous conditions, and potential hazards by subcontractor, and said subcontractor shall leave the following described premises in a clean and injury-free environment at the conclusion of each work day. The job site premises is described as follows:
     3. COMPLIANCE STANDARDS: Subcontractor shall comply with all federal, state and local laws, rules, and regulations including, but not limited to, OSHA standards. Subcontractor shall hold owner/builder harmless for any violations and shall, accordingly, indemnify said owner/builder.
     4. TERM: The term of this agreement is for the construction period required for the construction of the aforementioned project (described in paragraph 2). Limitations and deadlines on said project are as follows:

1. 50% of the "rough in" work to be performed by subcontractor shall be completed by the _____ day of _________________________, yr___.
2. An additional 30% of the total amount of the work to be performed by subcontractor shall be completed by the _____ day of ______________ ____________________, yr___.
3. The final 20% of the total work to be performed by subcontractor shall be completed by the _____ day of ____________________, yr___.
4. In the event the work to be performed as set forth above is not completed as stated, the liquidated damages provision of this agreement shall apply.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2006 by LAWCHEK, LTD.

SUBCONTRACTOR PERFORMANCE AGREEMENT FORM cont'd. 

     5. LIQUIDATED DAMAGES: In the event subcontractor fails to perform in conjunction with the workmanship provision (paragraph 7) or any other provision of this agreement or if there is a failure to meet the deadlines set out in paragraph 4 (or as modified in paragraph 6 herein), subcontractor shall be penalized the sum of $____________ per day.
     6. WEATHER DAYS: Only in the event the parties agree in writing to extensions for bad weather days will exceptions be allowed for the deadlines of paragraph 4 or the liquidated damages of paragraph 5 above. Weather day extensions will not be unreasonably withheld by owner/contractor; however, such extensions must be for good cause shown since the parties in this agreement contemplate that 15 bad weather days have already been included in the deadlines set forth in paragraph 4 above.
     7. WORKMANSHIP: Subcontractor agrees to provide lasting and quality work for the items set forth in the attached "estimate " or "quote" for services. Said work will be subject to the approval of owner/builder prior to payment for said services. Subcontractor warrants his/her work and will make or pay for any and all repairs or corrections that are necessary due to faulty or improper craftsmanship.
     8. MATERIALS: Subcontractor shall provide all quality material necessary for the work on the project (premises) described in paragraph 2 above subject to the following: (list any exceptions or materials to be provided by owner/builder)

     9. PAYMENT: Owner/builder will pay to subcontractor the total sum of $____________ as set forth in the attached "estimate" or "quote" and no more, unless a change order is made and signed by the parties for any items not included in the attached "estimate" or "quote." Without a change order duly executed, any additional items will be provided by subcontractor at subcontractor's expense. Payment shall be made by owner/contractor to subcontractor on the following basis:

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2006 by LAWCHEK, LTD.

SUBCONTRACTOR PERFORMANCE AGREEMENT FORM cont'd. 

     10. EMPLOYEES: Subcontractor may, at his/her discretion, hire additional help to assist on the aforementioned project; however, any such assistance will be paid by subcontractor. Payment for additional help shall be the sole obligation of subcontractor, and such payment shall include, but is not limited to: all taxes, withholding, job service, workers' compensation and any other governmental obligations, as well as, salaries that subcontractor is required to pay.
     11. INSURANCE: Subcontractor shall maintain all appropriate forms of insurance including, but not limited to: workers' compensation, health and accident, general liability and any other form of insurance requested by owner/builder. Owner/builder shall be listed as a protected party under such policies of insurance. Subcontractor shall hold owner/builder harmless for any accident that may occur "on" or "to and from" the job site that, in any way, relates to subcontractor's work on the aforementioned project. Proof of insurance coverage shall be provided to owner/builder within 20 days after the signing of this agreement. Commencement of this project will not occur until subcontractor has provided proof of insured coverage.
     12. RIGHT TO INSPECT: Owner/builder shall have the right to inspect the project at all times and the additional right to stop the project and terminate this agreement if subcontractor's work is not done in a workmanlike and quality manner acceptable to owner/builder.
     13. LIEN WAIVERS: The contractor shall provide to the owner appropriate lien waivers upon receipt of payment as set forth in paragraph 9 above.
     14. ADDITIONAL PROVISIONS:

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2006 by LAWCHEK, LTD

SUBCONTRACTOR PERFORMANCE AGREEMENT FORM cont'd. 

Dated this _____ day of ______________________________, yr___.

Subscribed and sworn to before a Notary Public this _____ day of __________ ____________________, yr___.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2006 by LAWCHEK, LTD.