Subcontractors clause: Copy, customize, and use instantly
Introduction
A subcontractors clause outlines the terms under which a party to the agreement may engage subcontractors to perform work on their behalf. It ensures that subcontractors are held to the same standards as the main party and that the responsibilities and liabilities related to subcontracted work are clearly defined. This clause is crucial for managing risks and ensuring that subcontractors comply with the terms and conditions of the primary agreement.
Below are templates for subcontractor clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard subcontractors clause
This version includes general subcontractor provisions.
[Party B] may engage subcontractors to perform any part of the work under this agreement, provided that [Party B] remains responsible for ensuring that subcontractors comply with all terms, conditions, and performance standards specified in this agreement. [Party B] will ensure that all subcontractors enter into written agreements that require them to adhere to the provisions of this agreement.
Subcontractors clause with provision for approval of subcontractors
This version applies to approval of subcontractors.
[Party B] agrees to obtain prior written approval from [Party A] before engaging any subcontractors for the performance of work under this agreement. [Party A] reserves the right to reject any proposed subcontractors based on their qualifications or suitability for the work required.
Subcontractors clause with provision for indemnification and liability
This version applies to indemnification and liability.
[Party B] will indemnify and hold [Party A] harmless from any third-party claims, damages, or liabilities arising from the actions, omissions, or negligence of subcontractors engaged in the performance of work under this agreement. [Party B] will ensure that subcontractors carry adequate insurance to cover potential liabilities.
Subcontractors clause with provision for ensuring subcontractor compliance with laws
This version applies to compliance with laws.
[Party B] will ensure that all subcontractors comply with applicable local, state, and federal laws, including labor laws, environmental regulations, and health and safety standards. [Party B] will remain responsible for ensuring compliance and will immediately address any violations by subcontractors.
Subcontractors clause with provision for maintaining the same standards of work
This version applies to work standards.
[Party B] will ensure that all subcontractors perform work to the same standards of quality, timeliness, and safety as required under this agreement. [Party B] will monitor the performance of subcontractors to ensure that these standards are met, and any deficiencies will be corrected at [Party B]'s expense.
Subcontractors clause with provision for ensuring subcontractor confidentiality
This version applies to confidentiality.
[Party B] will ensure that all subcontractors sign confidentiality agreements that protect the sensitive information, intellectual property, and trade secrets of [Party A]. Subcontractors will be held to the same standards of confidentiality as [Party B] under this agreement.
Subcontractors clause with provision for restricting the use of subcontractors
This version applies to restrictions on subcontractors.
[Party B] will not assign or subcontract any part of the work under this agreement to third parties without prior written approval from [Party A]. [Party A] reserves the right to refuse approval for any subcontractors that do not meet the criteria set forth by [Party A].
Subcontractors clause with provision for ensuring subcontractor payment terms
This version applies to payment terms for subcontractors.
[Party B] will ensure that subcontractors are paid in accordance with the terms set out in their subcontractor agreements. [Party B] will be responsible for ensuring that all payments are made on time, and that subcontractors do not experience delays that could affect the progress of the work.
Subcontractors clause with provision for subcontractor performance monitoring
This version applies to performance monitoring.
[Party B] will regularly monitor and evaluate the performance of subcontractors to ensure compliance with the terms and conditions of this agreement. [Party B] will be responsible for addressing any performance issues and ensuring that subcontractors complete the work to the required standards.
Subcontractors clause with provision for retaining ultimate responsibility
This version applies to retaining responsibility.
[Party B] will remain fully responsible for the completion of all work under this agreement, even when subcontractors are used. [Party A] will hold [Party B] accountable for any delays, defects, or issues arising from the work of subcontractors.
Subcontractors clause with provision for ensuring subcontractor qualifications
This version applies to subcontractor qualifications.
[Party B] will ensure that all subcontractors engaged to perform work under this agreement have the necessary qualifications, experience, and licenses to perform the work. [Party B] will provide [Party A] with evidence of these qualifications upon request.
Subcontractors clause with provision for subcontractor access to premises
This version applies to access to premises.
[Party B] will ensure that subcontractors have the necessary access to [Party A]'s premises, as required for the performance of the work. Any access to restricted areas will require prior approval from [Party A], and subcontractors will comply with all security and safety procedures.
Subcontractors clause with provision for subcontractor disputes
This version applies to disputes with subcontractors.
[Party B] will be responsible for resolving any disputes with subcontractors that arise during the performance of the work. [Party B] will ensure that subcontractors adhere to the dispute resolution procedures set forth in this agreement and will handle any issues without causing delays to the overall project.
Subcontractors clause with provision for no subcontractor delegation of duties
This version applies to the delegation of duties.
[Party B] will not delegate or subcontract any of its duties under this agreement without prior written consent from [Party A]. Any subcontractor engaged must comply with the terms of this agreement and cannot further delegate or subcontract its responsibilities.
Subcontractors clause with provision for liability for subcontractor actions
This version applies to liability.
[Party B] will assume full liability for any damages, injuries, or losses resulting from the actions, omissions, or negligence of subcontractors in the performance of their work under this agreement. [Party B] will indemnify [Party A] for any third-party claims arising from subcontractor activities.
Subcontractors clause with provision for indemnifying [Party A] from subcontractor claims
This version applies to indemnification.
[Party B] agrees to indemnify and hold [Party A] harmless from any third-party claims, damages, or liabilities arising out of the actions, negligence, or breaches of the subcontractors engaged in performing work under this agreement.
Subcontractors clause with provision for subcontractor agreement compliance
This version applies to subcontractor agreement compliance.
[Party B] will ensure that all subcontractors enter into written agreements that require them to comply with the terms of this agreement. Subcontractors will be bound by the same obligations, including confidentiality, insurance, and performance standards, as [Party B].
Subcontractors clause with provision for notifying [Party A] of subcontractor engagement
This version applies to notifying about subcontractors.
[Party B] will notify [Party A] in writing of any subcontractors engaged to perform work under this agreement. The notification will include the scope of work, qualifications of the subcontractor, and the specific tasks to be carried out.
Subcontractors clause with provision for subcontractor compliance with health and safety requirements
This version applies to health and safety.
[Party B] will ensure that all subcontractors comply with applicable health and safety regulations, including those related to workplace conditions, personal protective equipment (PPE), and accident prevention. [Party B] will provide appropriate training to subcontractors to maintain a safe working environment.
Subcontractors clause with provision for subcontractor performance bonds
This version applies to performance bonds.
[Party B] will ensure that subcontractors provide performance bonds or other forms of financial security to guarantee the completion of their work under this agreement. These bonds will be available for use in the event that subcontractors fail to meet their obligations.
Subcontractors clause with provision for ensuring subcontractor insurance coverage
This version applies to insurance coverage.
[Party B] will ensure that all subcontractors maintain adequate insurance coverage, including general liability, workers' compensation, and property damage insurance, to protect both [Party B] and [Party A] from any claims arising from the subcontractors' activities.
Subcontractors clause with provision for providing access to subcontractor records
This version applies to access to records.
[Party B] will provide [Party A] with access to subcontractor records related to the work performed under this agreement. These records will include contracts, performance evaluations, insurance certificates, and any other documents required for oversight and compliance.
Subcontractors clause with provision for ensuring subcontractors meet deadlines
This version applies to deadlines.
[Party B] will ensure that all subcontractors adhere to the agreed-upon deadlines and timelines for completing work under this agreement. Any delays caused by subcontractors will be the responsibility of [Party B] to resolve, and [Party A] will be notified promptly of any expected delays.
Subcontractors clause with provision for restricting the use of subcontractors on sensitive tasks
This version applies to sensitive tasks.
[Party B] will not subcontract any work involving sensitive or confidential information, unless prior written consent is obtained from [Party A]. This ensures that sensitive tasks are only performed by individuals who meet the necessary trust and confidentiality standards.
Subcontractors clause with provision for addressing subcontractor non-compliance
This version applies to non-compliance.
[Party B] will be responsible for ensuring that subcontractors comply with all the terms and conditions of this agreement. If any subcontractor fails to comply, [Party B] will take corrective action, including replacing the subcontractor, to ensure that work continues in compliance with the agreement.
Subcontractors clause with provision for subcontractor performance evaluations
This version applies to performance evaluations.
[Party B] agrees to evaluate the performance of subcontractors at regular intervals to ensure compliance with quality standards, timelines, and other key terms of this agreement. [Party A] reserves the right to review the performance evaluations and request corrective action if necessary.
Subcontractors clause with provision for ensuring proper training for subcontractors
This version applies to training.
[Party B] will ensure that all subcontractors are provided with appropriate training to safely and effectively carry out their duties under this agreement. This includes training on relevant safety standards, procedures, and company policies. [Party B] will verify that subcontractors have completed the required training before commencing work.
Subcontractors clause with provision for subcontractor termination rights
This version applies to termination rights.
[Party A] reserves the right to terminate any subcontractor employed by [Party B] if it is found that the subcontractor is not meeting the performance standards required under this agreement. [Party B] will promptly replace any subcontractors that do not meet these standards with qualified alternatives.
Subcontractors clause with provision for ensuring confidentiality of subcontractor agreements
This version applies to confidentiality.
[Party B] will ensure that all subcontractor agreements include confidentiality provisions that prevent subcontractors from disclosing sensitive information related to this agreement. Subcontractors will be required to sign non-disclosure agreements (NDAs) before accessing any proprietary or confidential materials.
Subcontractors clause with provision for handling subcontractor disputes
This version applies to dispute handling.
[Party B] will be responsible for resolving any disputes with subcontractors. Should a dispute arise that could impact the performance of work under this agreement, [Party B] will notify [Party A] immediately and take steps to resolve the issue without delaying the project timeline.
Subcontractors clause with provision for ensuring compliance with environmental regulations
This version applies to environmental compliance.
[Party B] will ensure that all subcontractors comply with environmental regulations and sustainable practices applicable to their work. Subcontractors will be required to adhere to these standards and implement eco-friendly solutions where feasible to minimize environmental impact.
Subcontractors clause with provision for ensuring safety measures for subcontractors
This version applies to safety measures.
[Party B] will ensure that all subcontractors follow the required safety protocols and use the appropriate personal protective equipment (PPE) during the execution of off-site work. [Party B] will provide periodic safety audits to verify compliance with these protocols.
Subcontractors clause with provision for ensuring non-compete clauses in subcontractor agreements
This version applies to non-compete clauses.
[Party B] will ensure that subcontractors engaged in the performance of work under this agreement do not engage in any activities that could directly compete with [Party A] during the term of the agreement. Non-compete clauses will be included in subcontractor agreements to protect [Party A]'s business interests.
Subcontractors clause with provision for managing subcontractor resources
This version applies to managing resources.
[Party B] will be responsible for managing the resources required by subcontractors, including providing the necessary materials, tools, and equipment. [Party B] will ensure that subcontractors have everything needed to complete their work on time and in compliance with the standards set by [Party A].
Subcontractors clause with provision for subcontractor bonding
This version applies to bonding.
[Party B] will ensure that all subcontractors provide performance bonds to guarantee the satisfactory completion of work. If a subcontractor fails to perform, the bond will cover the cost of completing the work and any associated damages incurred by [Party A].
Subcontractors clause with provision for subcontractor worksite supervision
This version applies to supervision.
[Party B] will assign a qualified supervisor to oversee all subcontractor work on-site. This supervisor will be responsible for ensuring that the subcontractor complies with safety protocols, work quality standards, and timeline requirements, and will report any issues to [Party A].
Subcontractors clause with provision for subcontractor work timelines
This version applies to work timelines.
[Party B] will ensure that subcontractors adhere to the project timelines outlined in this agreement. Delays caused by subcontractors will be the responsibility of [Party B], and [Party B] will work to resolve any delays promptly to minimize impact on [Party A].
Subcontractors clause with provision for subcontractor termination for cause
This version applies to termination for cause.
[Party B] may terminate a subcontractor's agreement for cause, including failure to meet performance standards, safety violations, or breach of confidentiality. [Party B] will notify [Party A] prior to such termination and will work to find a suitable replacement as quickly as possible.
Subcontractors clause with provision for including subcontractors in project meetings
This version applies to project meetings.
[Party B] will include all relevant subcontractors in project meetings to ensure clear communication and alignment on project goals, deadlines, and expectations. Subcontractors will be expected to participate in meetings and provide updates on their progress and any challenges encountered.
Subcontractors clause with provision for ensuring payment terms for subcontractors
This version applies to payment terms.
[Party B] will ensure that subcontractors are paid in accordance with the terms specified in their individual agreements. [Party B] will be responsible for managing subcontractor payments and ensuring that subcontractors receive timely compensation for the work completed.
Subcontractors clause with provision for requiring subcontractor background checks
This version applies to background checks.
[Party B] will ensure that all subcontractors undergo background checks, including criminal and employment verification, before being engaged in work under this agreement. This ensures that subcontractors meet [Party A]'s standards for safety, reliability, and trustworthiness.
Subcontractors clause with provision for governing subcontractor disputes with third parties
This version applies to third-party disputes.
[Party B] will be responsible for resolving any subcontractor disputes with third parties, including suppliers, vendors, or other contractors. [Party B] will indemnify and hold [Party A] harmless from any third-party claims that arise from such disputes.
Subcontractors clause with provision for addressing subcontractor insurance requirements
This version applies to insurance requirements.
[Party B] will ensure that all subcontractors carry insurance coverage sufficient to cover risks associated with their work, including general liability, workers' compensation, and any other relevant policies. Proof of insurance will be provided to [Party A] before subcontractors begin work.
Subcontractors clause with provision for monitoring subcontractor compliance with ethical standards
This version applies to ethical standards.
[Party B] will ensure that all subcontractors adhere to ethical business practices, including compliance with labor laws, non-discrimination policies, and environmental sustainability efforts. [Party B] will monitor subcontractor compliance and take corrective action if needed.
Subcontractors clause with provision for subcontractor reporting obligations
This version applies to reporting obligations.
[Party B] will require all subcontractors to submit regular reports to [Party A] detailing the progress of their work, any issues encountered, and any adjustments needed to the project schedule. These reports will ensure that [Party A] stays informed of subcontractor performance throughout the project.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.