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Representing Sevier & Cocke Counties

509 High Street, Sevierville, TN 37862
Toll Free: 866.453.7242; 865.453.4712; Fax 865.908.8220

Click here to download Subcontract Agreement Word 97.doc
Text Box: This document is intended to be a “template” for use by members of the Home Builders Association of Tennessee. All or portions of this template may be used as a contract between a builder and a sub contractor. When using this template, please submit your final document or contract to your attorney for approval. This document is a binding contract, which will serve as a blanket agreement for and between ________________________________, herein known as Builder, and the undersigned referred to hereafter as Subcontractor. By signing, Subcontractor and Builder agree to the terms set forth herein. This agreement shall remain in force from the date hereof and from year to year, unless a change is agreed to in writing by both Builder and Subcontractor. The parties agree to the following: GENERAL PERFORMANCE—All work of the Subcontractor will be performed in a good and workmanlike manner in accordance with the plans and specifications for each job and must comply with all Federal and State laws, codes and regulations and all county and/or municipal ordinances and regulations effective where the work is to be performed under this contract. All permits, fees, taxes and expenses connected with such compliance are to be paid by the Subcontractor. INDEPENDENT CONTRACTOR—The Builder and Subcontractor agree that the Subcontractor is being hired solely as an Independent Contractor and that neither the Subcontractor, nor his employees shall be deemed to be employees of the Builder. TIME—The Subcontractor agrees to promptly begin work as soon as notified by the Builder and to complete the work in a professional and workmanlike manner within a reasonable period of time once work is commenced and in any event by the deadlines established by the Builder in writing. Subcontractor shall cooperate with other trades who are also on the jobsite so that each reasonably may complete their respective work within the required time frames and Subcontractor shall in any event complete Subcontractor’s work within a time that will allow any other trade whose work depends on the completion of Subcontractor’s work to also timely complete its work. At all times, Subcontractor shall provide competent supervision, a sufficient number of skilled workers and adequate and proper materials to maintain Builder’s work schedule. Subcontractor warrants to Builder that he has all proper and necessary licenses and permits to perform the services contracted for by Builder. If Builder determines that Subcontractor’s work does not conform to the provisions of the Drawings and Specifications, or that the work is not of appropriate quality. Builder shall advise Subcontractor, and if Subcontractor does not correct such defects or errors on Builder’s time table, builder shall have the right to correct the defects and to charge back the Subcontractor the cost of such corrections. EXTRAS—No deviations from the work specified in the contract will be permitted or paid for unless a written extra work or change order is first agreed upon and signed as required. ASSIGNMENT—No assignment of this subcontract agreement by Subcontractor is permitted without prior written permission from the Builder. HOLD HARMLESS—The Subcontractor agrees to protect, defend and indemnify the Builder against and hold the Builder harmless for any and all claims, demands, liabilities, losses, expenses, suits and actions (including attorney’s fees) for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise (or which may be alleged to have risen) out of or in connection with the work covered by this subcontract even though such injury, death, or damage may be (or may be alleged to be) attributable in part to negligence or other fault on the part of the Builder or his officers, agents or employees. If Builder reasonably believes that Subcontractor will or has caused a claim to be made or a lien to be filed against Builder’s Property, Builder may retain any and all monies due Subcontractor and make such payment to Subcontractor and claimant Text Box: SUBCONTRACTOR AGREEMENT “TEMPLATE”

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