What you need in your Subcontractor Agreement, Find, Fix, & Flip

By
Real Estate Agent with National Real Estate Network, LLC

A sample independent Rehab contractor agreement we put together -- I am  not attorney-you should have your have attorney review this before using. use at you own risk.

 

 

INDEPENDENT REHAB CONTRACTOR AGREEMENT

 

            This agreement is entered into this day of _________________________. 20   , in the city of ___________________, State of Michigan between ____________________, (owner) of 562 West Huron, Pontiac, MI 48341 and:

 

            Contractor:________________________________________________________

            Contractor is a Corp. (  ), Ltd Liab Co.(  )  Partnership (   )  Sole Proprietorship (  )

            Street Address:____________________________________________________

            City, State, and Zip:___________________________MI___________________

            Phone: (      ) ___________________ Fax: (      ) _________________________

            Pager: (      ) ____________________ Cell Phone: (    )____________________

Emp. Fed. Tax ID No (EIN):_________________ Soc. Sec. No._____________

Contactor License No (s):__________________ Type of License:____________

Person authorized to sign and bind Contractor:____________________________

 

  1.    Schedule: The Contractor agrees to commence work on:______________________, 20   . The Contractor agrees to complete all work by:______________________, 20     subject to excusable delays such as strikes, unavailability of building supplies or acts of nature.  Owner reserves the right to cancel this agreement and Contractor agrees to forfeit the balance of money due under contract if work is not completed by this date.  The contract herein shall be void at the option of Owner, if contractor does not commence work within ___________________________ (  ____________) days from the date of the signing of this contract.

 

  1.   Scope of Work: Contractor, agrees to provide the following described labor, materials and construction in accordance with plans and specifications as may be referred to herein by reference upon the following described property:

 

(A) Address of work site:___________________________________________________

(B) Description of work (Describe Labor, materials and Equipment to be furnished.  Attach additional pages, estimates, and work sheets if necessary.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Other Special Provisions:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

The Contractor’s supervisor/project coordinator of this project shall be designated agent for the Contactor. The name of the person is:____________________________________

3. The Contractor agrees to perform this work in a workmanlike manner and to comply with applicable building and construction codes for residential and commercial structures.  The Contractor warrants that his work will conform with such codes and pass any governmental inspections. ( If any plans or specifications are part of his job, they are to be attached and made part of this contract).

 

  1.  Price:  Owner agrees to pay to the contractor for the satisfactory performance of the contractor’s work subject to the terms and conditions of this agreement:

 

            Total Contract amount:_________________________.

            Initial Payment Amount:__________________. Payable on_________________.

            Extra work, if any, will be priced as agreed.

 

Payments will be made only on satisfactorily completed work based on progress inspections done by Owner’s approved supervisors.  Contractor has the responsibility of arranging time for inspections.  All check requests must be submitted by Wednesday proceeding for Friday payments.  Should work not be performed to Owner’s satisfaction and /or accordance  with the codes and standards in paragraph #2, Owner will retain a sufficient amount to complete the work as a final payment until the contractor brings the job up to code and/or Owner’s satisfaction.

 

5. The following is prohibited unless agreed to in writing and signed by Owner and Contractor: extra services and work, deviation of the work as specified herein, or assignment or subcontracting of the work to be performed.

 

6. The Contractor agrees to indemnify and hold harmless the Owner of the property and or Owner from any liability or claims arising directly or indirectly from the Contractor’s work under this contract whether due to Contractor, its employees, workers, and agents or any other person.  (This includes Construction (including mechanics and materialsmens) liens). Contractor agrees to pay all fees and costs incurred in defense of Owner and or Owner. Contractor specifically agrees to assume and pay any liens that shall be filed by its sub-contractors.

 

7. The contractor agrees to obtain and pay for: Workers Disability Compensation Insurance, Personal liability Insurance, Errors and Omissions and/or contractual Insurance, Public Liability Insurance, and any other Insurance or Bond coverage, or submit appropriate waivers which may be necessary or required by Owner, the municipality and/or State of Michigan.  Copies of such documents, binders, declaration sheet, proofs, or waivers will be presented to Owner before commencing work.

 

8. The contractor agrees to pay and withhold where required all governmental federal, state and local taxes on the money earned from Owner for itself or its employees and to file all proper tax returns.  Owner will not withhold any sums for any sums for any taxes due Contractor  Contractor’s relationship to the Corporation shall be that of an independent contractor and not of an officer, employee, or agent of Owner.  No partnership, joint venture, or similar relationship is created by this Agreement.  The Corporation shall have no liability to Contractor shall have no liability to Contractor except to pay its compensation under this contract.

 

9. Building permits will be pulled by:_______________________. Costs paid by:__________________________. City certificates will be obtained by:___________

 

10. No modification of this contract will be effective unless it’s in writing and is signed by both parties hereto.  This contract binds and benefits both parties, assigns, personal representatives and any successors.  Time is of the essence of this Contract.  This document, including any attachments, is the entire agreement between parties.  The laws of the State of Michigan govern this Contract.

 

 

This is a legal contract.  If there is anything you do not understand about this contract or the language, DO NOT sign it.  It is recommended that you consult with a legal tax advisor of your choice.  It is assumed by you signing this contract that you have either consulted with your advisors or have decided not to do so.

 

 

The parties accept the terms and agree to abide by them.

 

                                                                        Owner

 

Dated____________________20___             By:________________________________

                                                                                    Authorized Agent

 

Witnesses:                                                        Contractor:

 

___________________________________  ____________________________________

                                                                        Signature Authorized Agent

 

___________________________________  ____________________________________

                                                                        Printed Name

 

 

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Ralph Mark Maupin

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