Subcontractor Services Agreement (Australia)

The Subcontractor Services Agreement can be used for a one-time project or for on-going services in Australia.

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A Subcontractor Services Agreement is an agreement between a subcontractor and a general contractor. This type of service agreement is helpful because it provides the terms and conditions of the arrangement. How much will the subcontractor get paid? How long will the subcontractor have to perform its services? What type of work is expected of the subcontractor? These are all questions that will be answered in the agreement. In addition, the agreement will reaffirm that an employer/employee relationship is not created.

The following Subcontractor Services Agreement can be used for a one-time project or for on-going services. In a few cases, you will need to choose the provision that applies to your situation.

Among others, this form includes the following key provisions:
  • Services
  • Time of Completion
  • Equipment
  • Payment
  • Indemnification
  • Arbitration
  • General Provisions
This lawyer-prepared packet contains:
  • Instructions and Checklist for Subcontractor Services Agreement
  • General Information about a Subcontractor Services Agreement
  • Subcontractor Services Agreement for Australia
Law Compliance: This form complies with the state and territory laws of Australia
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33570
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Subcontractor Services Agreement
(Australia)

 

 
 
This Subcontractor Services Agreement (the “Agreement”) is dated as of               , 20       , by and between                    (“Subcontractor”) and                          (“General Contractor”) (collectively the “Parties”).
 
The Parties agree as follows:
 
1.   SERVICES.  Subcontractor will perform the following services (the “Services”):                                                                                                                                                                                                                                              __________________________________.
 
2.   TIME OF COMPLETION.  The Services shall be commenced on or before                 , 20__, and shall be substantially completed by         , 20     .  The Services shall be performed between the hours of        a.m. and        p.m.  Time is of the essence.
 
3.  EQUIPMENT.  (mark the applicable provision)
 
   General Contractor shall provide the following equipment for Subcontractors use when performing the Services: _____________________________________________.  Subcontractor will provide all other equipment necessary to perform the Services.
 
   When performing the Services, Subcontractor will use his/her own equipment.
 
4.   PAYMENT.  General Contractor shall pay Subcontractor for the material and labour to be performed under this Agreement the total sum of              Australian Dollars. AUD.(AU$                  ).
 
The payment(s) shall be paid in the following manner:                                                                                                  (Here you will need to describe how the payments will be made.  Will the payments be made in a lump sum at the completion of work?   How much will be paid in advance?  Also include any penalty for failure to complete Services by the stated deadline.)
5.   OTHER EXPENSES.  General Contractor shall reimburse Subcontractor for the following expenses only:_____________________________________________________________                                                         .(If none, write “none.)
 
 
 
 
6.   INDEMNIFICATION.  (mark the applicable provision, if any)
 
   Subcontractor hereby indemnifies and holds harmless General Contractor for any damages, actions, suits, claims or other costs (including reasonable legal fees) for which General Contractor may be held liable, arising out of any injury (including death) to any person (including employees of Subcontractor) or damage to any property arising out of the performance of the Work by Subcontractor, or by any employee, service provider, subsidiary, assign, or other affiliate of Subcontractor. (The clause above protects the General Contractor against lawsuits or damages arising out of personal injuries or damage to property caused by Subcontractor.)
 
   Subcontractor hereby indemnifies and holds harmless General Contractor for any damages, actions, suits, claims or other costs (including reasonable legal fees) arising out of Subcontractors performance of the Services pursuant to this Agreement, or arising out of any breach of any of Subcontractors representations or warranties under this Agreement by Subcontractor, or by any employee, subsidiary, service provider, or other affiliate of Subcontractor.(The clause above protects the General Contractor against all damages arising out of Subcontractors performance of its obligations, including any breach of a representation or warranty by Subcontractor, i.e., Subcontractors failure to meet quality standards under Section 8a below.)
 
7.    ARBITRATION.  Any dispute, claim or controversy arising out of this Agreement or the interpretation, construction, breach or termination of this Agreement, shall be settled by an arbitrator in                (City)        ,    (State)      , according to the provisions of the Commercial Arbitration Act of _____________________[Insert specific arbitration act/legislation of the state].  The ruling of the arbitrator shall be final and binding upon the Parties.  Judgment may be entered on any award made by the arbitrator in any court of competent jurisdiction.  The costs of any arbitration pursuant to this Section 7 shall be borne by the Parties equally, except that each Party will be responsible for its own legal fees and expenses.  The arbitrator is empowered, but not required, to apportion the costs of the arbitration (including legal fees and expenses) to the Parties as it sees fit.
 
8.  GENERAL PROVISIONS.
 
(a)  Subcontractor warrants that all work shall be completed in a workmanship like manner, and if applicable, in compliance with all building codes and other applicable laws.
 
(b)   Subcontractor warrants that, to the extent required by law, all work shall be performed by individuals duly licensed and authorised by law to perform the work.
 
(c)   Subcontractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Subcontractor or its employees.
 
(d)   In the event General Contractor shall fail to pay any periodic or instalment payment due hereunder, Subcontractor may cease work without breach pending payment or resolution of dispute.
 
(e)  Subcontractor shall not be liable for any delay due to circumstance beyond its control.
 
(f)  Subcontractor is an independent contractor and not an employee of General Contractor.
 
(g)   Any changes to this document must be signed by both Subcontractor and General Contractor.
(h)   This Agreement shall be construed in accordance with the laws of the state of              .        Neither the General Contractor nor the Subcontractor may assign this Agreement without prior written consent from the non-assigning party.
(i)   The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.
(j)   This Agreement constitutes the entire agreement between the General Contractor and the Subcontractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.  There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
 
GENERAL CONTRACTOR:         SUBCONTRACTOR:
 
_______________________________      ______________________________
Signature                        Signature
 
_______________________________      ______________________________
Name (please print)                  Name (please print)
 
_______________________________      ______________________________
Title (if applicable)                  Title (if applicable)
 
_______________________________      ______________________________
Date                           Date
 
 
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