Help with writing a contract for a sub

Ipropserv

LawnSite Member
Location
Cleveland
Background: familiar and comfortable writing contracts for residential clients; never hired sub work before and not really sure what to put in a contract.

I just initiated a sub agreement with a fert company and the next step is to write the contract for them to agree to. I really don't know where to start, I want to keep it simple but make sure the main bases are covered to reduce my liability as much as possible. If anyone has any pointers/suggestions maybe even a contract template they are willing to share I'd be very grateful. I'm a small biz with 4 years under LLC, I like to do things professionally and transparently when possible to facilitate optimal relationships.
 

SLSNursery

LawnSite Senior Member
Location
West Haven, CT
It is very likely that your insurance carrier has a subcontractor agreement that will work for you. An attorney can help with the legal aspects but probably not the reality. My experience is that the insurance companies are reviewing these types of arrangements with much more scrutiny lately. Your carrier will want proof of applicable coverage, license requirements, hold harmless, etc. in addition to a contract which either covers you per job or runs for multiple jobs, concurrently with your insurance term. We have developed decent agreements over the years which are each different for different subs (tree work, irrigation, plowing). Boiler plate language is all pretty consistent and simple making all those requirements crystal clear (I don’t have one handy to share). We cleaned ours up for a carrier about 5 years ago and each sub signs annually as well as providing a certificate and naming us as additionally insured. They need proof of general liability, worker’s compensation and an umbrella would be helpful. If the sub is a solo operator they can waive out of WC but you may be back billed for the amount. Don’t need that sneaking up on you. In the past few years the subsequent insurance underwriters from different companies reviewed our contracts and provided us with language in order to comply with our policy and keep the liability where it belongs, which is with the company providing the specific service.
 

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