SUBCONTRACTOR AGREEMENT

This Agreement is made on: [DD/MM/YYYY]

BETWEEN:

[Head Contractor Name] (ABN: [Head Contractor ABN]) of [Head Contractor Address] (“The Head Contractor”)

AND:

[Subcontractor Name] (ABN: [Subcontractor ABN]) of [Subcontractor Address] (“The Subcontractor”)

(collectively referred to as the Parties)

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1. BACKGROUND

The Head Contractor has been engaged to provide services for the [Project Name] located at [Project Address] (“the Project”).

The Head Contractor wishes to engage the Subcontractor to perform the Services (as defined in Clause 2) on the terms and conditions set out in this Agreement.

2. ENGAGEMENT AND SCOPE OF WORK

2.1 The Head Contractor engages the Subcontractor to provide the services described in Schedule A (“the Services”).

2.2 The Subcontractor must perform the Services: (a) in a proper and workmanlike manner; (b) in accordance with all applicable laws, regulations, and industry standards; (c) in accordance with the Project plans and specifications; and (d) to the reasonable satisfaction of the Head Contractor.

2.3 The Subcontractor accepts full responsibility for the quality and standard of the Services.

3. TERM

This Agreement commences on the Start Date of [Start Date] and continues until the Services are completed, accepted by the Head Contractor, and final payment is made, or until terminated earlier in accordance with this Agreement.

4. PRICE AND PAYMENT

4.1 The Head Contractor agrees to pay the Subcontractor the sum of $[Total Contract Price] (excluding GST) (“the Contract Price”) for the performance of the Services.

4.2 The Contract Price is [fixed price / calculated on a time and materials basis as set out in Schedule A].

4.3 Payment Milestones are: (a) Deposit: $[Amount] upon signing this Agreement. (b) Progress Payment 1: $[Amount] upon completion of [Milestone 1]. (c) Progress Payment 2: $[Amount] upon completion of [Milestone 2]. (d) Final Payment: $[Amount] upon Practical Completion.

4.4 The Subcontractor must submit a valid tax invoice to the Head Contractor to claim payment.

4.5 The Head Contractor will pay the Subcontractor within [Number] days of receiving a valid invoice.

4.6 GST is added to all payments where applicable.

5. INDEPENDENT CONTRACTOR

5.1 The Subcontractor is an independent contractor and not an employee, partner, or agent of the Head Contractor.

5.2 The Subcontractor is responsible for: (a) Paying their own taxes and superannuation contributions; (b) Providing their own tools, plant, and equipment required to perform the Services; (c) Engaging their own employees or assistants at their own cost and risk; and (d) Maintaining their own workers compensation insurance (if they have employees).

6. INSURANCE AND INDEMNITY

6.1 The Subcontractor must maintain at all times: (a) Public Liability Insurance for not less than $[Amount, e.g., 20,000,000]; (b) Contract Works Insurance for the full value of the Services; and (c) Any other insurance required by law.

6.2 The Subcontractor must provide the Head Contractor with certificates of currency for these policies upon request.

6.3 The Subcontractor indemnifies the Head Contractor against all claims, losses, damages, and expenses arising out of or connected with the Subcontractor’s performance of the Services, except to the extent caused by the negligence of the Head Contractor.

7. WORK HEALTH AND SAFETY (WHS)

7.1 The Subcontractor must comply with all Work Health and Safety (WHS) laws and regulations applicable to the Site.

7.2 The Subcontractor must prepare and provide a Safe Work Method Statement (SWMS) for any high risk construction activities before work commences.

7.3 The Subcontractor must ensure all their workers and subcontractors attend the Head Contractor’s site induction.

7.4 The Subcontractor must report any notifiable incident to the Head Contractor immediately.

8. SITE ACCESS AND CONDITIONS

8.1 The Head Contractor will provide the Subcontractor with reasonable access to the Site to perform the Services.

8.2 The Subcontractor must obey all reasonable directions of the Head Contractor regarding site conduct and safety.

8.3 The Subcontractor must leave the Site in a clean and safe condition at the end of each day.

9. VARIATIONS

9.1 If the Head Contractor requests a change to the Scope of Work, this will be treated as a Variation.

9.2 The Head Contractor may request the Subcontractor to quote for the Variation in writing.

9.3 No Variation will be valid unless it is confirmed in writing by both Parties and states the adjustment to the Contract Price and the program (if applicable).

10. INTELLECTUAL PROPERTY

10.1 All intellectual property created by the Subcontractor in the course of performing the Services vests in the Head Contractor immediately upon creation.

10.2 The Subcontractor assigns to the Head Contractor all copyright and other intellectual property rights in the materials and deliverables produced under this Agreement.

11. TERMINATION

11.1 Either Party may terminate this Agreement by giving [Number] days written notice to the other Party.

11.2 The Head Contractor may terminate this Agreement immediately if: (a) The Subcontractor commits a material breach of this Agreement and fails to remedy it within [Number] days; (b) The Subcontractor becomes insolvent, bankrupt, or enters liquidation; or (c) The Subcontractor fails to comply with WHS laws creating an imminent risk to health or safety.

11.3 Upon termination, the Head Contractor may pay the Subcontractor for work completed up to the date of termination.

12. DISPUTE RESOLUTION

12.1 If a dispute arises out of this Agreement, the Parties must first attempt to resolve it through good faith negotiations.

12.2 If the dispute is not resolved within [Number] days, the Parties may agree to attend mediation.

12.3 Nothing in this clause prevents the Head Contractor from applying to a court or tribunal for an urgent injunction.

13. GOVERNING LAW

13.1 This Agreement is governed by the laws of [State/Territory, e.g., New South Wales].

13.2 The Parties submit to the non-exclusive jurisdiction of the courts of that State/Territory.

14. SIGNATURES

Head Contractor:

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Signature: ___________________

Name: _______________________

Position: ____________________

Date: ________________________

Subcontractor:

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Signature: ___________________

Name: _______________________

Position: ____________________

Date: ________________________

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SCHEDULE A: SCOPE OF WORK

[Insert detailed description of works, specific materials to be used, exclusions, and any specific drawings]

SCHEDULE B: PRICING SCHEDULE

[Insert itemised pricing if applicable]