Discuss Sub Contractor Contract in the UK Tiling Forum area at TilersForums.com.

M

MTiler

A contractor Ive done a couple of jobs for and have a couple more booked has sent me a Sub Contractors Contract for Services for me to sign. We've not had a chance to talk about it but I wondered if this was common practise?
It also made me wonder if I should have something to cover myself, especially when a start date moves at the last minute and Im left without work. What notice period should I be given for a start date change before I can charge for the loss?

cheers

MissyT
 
M

MTiler

This is it below, no names are mentioned:





THIS CONTRACT FOR SERVICES is made on the day of 200

BETWEEN: (1) xxxxxxxxxxxxxxxxxxxxx (“The Contractor”)
(2) of (“The Sub Contractor”)
Sub Contractor
By signing this contract you are confirming that whilst you are providing services to the Contractor you are doing so in the capacity of a self employed Sub Contractor. You are obliged to:
  • Act in a professional workmanlike manner at all times.
  • Make all reasonable attempts to work to the Contractor’s deadline
  • Observe Health and Safety regulations regarding working hours and will comply with all reasonable site guidelines relating to working hours and site security.
  • Correct any defective work in your own time without payment.
  • Pay your own Tax and National Insurance.
  • Provide an invoice for payment. (NI & UTR number to be presented to allow CIS registration).
  • Undertake only work fully agreed with the Contractor. Any variations to the agreed scope need to be accepted by the Contractor and the Client in advance of such work commencing.
You are not obliged to:
  • Work at a different site although you may agree to if you want to and may negotiate a new price for doing so.
  • Provide written tenders. Prices for all works can be agreed verbally from time to time.
  • Provide major items of equipment / materials.
  • Hold Public Liability Insurance, the Contractor will cover you on its policy but may include a charge for this in the rate you agree.
  • Work fixed hours.
You have the right to:
  • Decide the best method to use to complete the work
  • Leave the site without permission (although you should notify the Contractor for Health and Safety reasons).
  • Send someone with similar experience and qualification in your place. You will be paid for work they do and must then arrange to pay them yourself. (You must notify the Contractor and have their agreement that you are sending someone else).
  • End this contract giving 1 weeks’ notice.
  • Take legal advice before signing this contract, and to have a copy of it.
You do not have the right to:
  • Holiday pay, sick pay or pay for work cancelled due to unexpected delays caused by bad weather, external contractor reasons and supplier/material delays etc
  • Hold yourself out as being an employee of the Contractor.
By signing this contract you are agreeing to be bound by its terms and you are agreeing that these terms will govern the working relationship between you and the Contractor. You are also agreeing that the terms of this contract represent the whole contract between you and the Contractor with the exception of any verbal negotiation about price or location of the services. Contractor The Contractor intends that in this working relationship you are an independent sub contractor.The Contractor is obliged to:
  • Where applicable provide safety equipment. The Contractor takes its Health and Safety responsibility seriously and therefore will provide all of the safety equipment used on their site either by employees or sub-contractors.’ If you are without specific PPE items you must report this immediately.
  • Provide as much notice as possible should there be any alterations to the assumed program of works
The Contractor is not obliged to:
  • Offer you any work. They may offer you the opportunity to provide your services but they are not obliged to accept them.
The Contractor has the right to:
  • End this contract immediately should issues of work quality and behaviour become unacceptable..
  • Take legal advice before signing this contract.
The Contractor does not have the right to:
  • Control the methods you use when you provide your services to the Contractor.
  • First call on your services – they cannot expect you to drop whatever you are doing to come and provide your services to them.
By signing this contract the Contractor is agreeing to be bound by its terms and you are agreeing that these terms will govern the working relationship between the Contractor and you. The Contractor is also agreeing that the terms of this contract represent the whole contract between you and the Contractor with the exception of any verbal negotiation about price or location of the services. General This Contract is governed by the laws of (England, Wales, Scotland or Northern Ireland) as appropriate and is subject to the non-exclusive jurisdiction of the (English, Welsh, Scottish, Northern Irish) Courts. Breach of any clause or clauses in this contract will not void or annul this Contract for Services as a whole in any circumstances.
 
S

Spud

I would have your own public liability Missy T as as a bonefide subcontractor you should have your own ,before signing this contract ask to see a copy of their employers liabilty insurance and public liability showing you are covered by theirs ,we had a subcontractor severely cut himself on a tile on one of our jobs this week I had to report it to riddor as he spent the night in hospital ,I am so glad we are completety covered with our insurances and keep an up to date health a safety policy also if they are getting contractual make sure you get full ppe from them including work wear and overalls
 
R

Rob Z

Missy, that doesn't look much different from what we have here for sub agreements with generals (some terminology is different, of course). It's to be expected when working for larger contractors. For smalller companies (like mine), things are still informal with my subs. If there is a problem I will (and have in the past), worked things out with my counterparts at the other company. No need for lawyers when things stay small.


On a related note, last year we were starting a job for a large GC, which ended up being about $50,000 in work for us. I sent something over to the prinicipal of the company, and he called me and said "oh Rob, we're really an old-fashioned company, we still operate on a handshake basis". Then the next morning in my email is a 10 page subcontractor agreement, obviously prepared by teams of lawyers at great expense. I never did get a handshake from the GC, but I did get my invoices paid. :smilewinkgrin:
 
T

Time's Ran Out

A contractor Ive done a couple of jobs for and have a couple more booked has sent me a Sub Contractors Contract for Services for me to sign. We've not had a chance to talk about it but I wondered if this was common practise?
It also made me wonder if I should have something to cover myself, especially when a start date moves at the last minute and Im left without work. What notice period should I be given for a start date change before I can charge for the loss?



cheers

MissyT

UNDER - YOU DO NOT HAVE THE RIGHT TO - you do not have a claim for delayed work.
 
M

MTiler

I would have your own public liability Missy T as as a bonefide subcontractor you should have your own ,before signing this contract ask to see a copy of their employers liabilty insurance and public liability showing you are covered by theirs ,we had a subcontractor severely cut himself on a tile on one of our jobs this week I had to report it to riddor as he spent the night in hospital ,I am so glad we are completety covered with our insurances and keep an up to date health a safety policy also if they are getting contractual make sure you get full ppe from them including work wear and overalls

Ive always had my own insurance.

cheers
MissyT
 
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