A subcontractor is a person who is awarded a portion of an existing contract by a principal or general contractor. Subcontractor performs work under a contract with a general contractor, rather than the employer who hired the general contractor. Determining whether someone is a subcontractor depends on the facts in each case, but is generally determined by whether control over the manner and methods of the work is retained by the employer.
Building construction is a common example of how the contractor-subcontractor relationship works. The general contractor takes prime responsibility for seeing that the building is constructed and signs a contract to do so. Then they retain subcontractors to perform specialty work such as installing plumbing, laying carpet, making cabinetry, and landscaping. Usually each subcontractor is paid a somewhat lesser sum than what the contractor receives for the work. If the owner refuses to pay the general contractor for work a subcontractor has performed, the subcontractor has the right to file a mechanic's lien against the property for the cost of the unpaid work.
Title: Understanding Tennessee's Agreement Between Contractor and Subcontractor Introduction: In Tennessee, an Agreement Between Contractor and Subcontractor serves as a legally binding contract outlining the terms and conditions of a working relationship between a contractor and subcontractor. This document helps ensure clarity, transparency, and mutual understanding between the two parties involved in a construction project. Different types of agreements may exist based on project-specific requirements, the scope of work, and the nature of the subcontracting relationship. Keywords: Tennessee agreement, contractor, subcontractor, construction project, legally binding contract, terms and conditions, working relationship, clarity, transparency, mutual understanding, types of agreements. 1. Standard Tennessee Agreement Between Contractor and Subcontractor: The standard agreement is the most commonly used contract between a contractor and subcontractor in Tennessee. It governs the working relationship, construction project details, payment terms, insurance requirements, dispute resolution methods, project schedule, and other essential aspects. This agreement provides a comprehensive framework for both parties, ensuring efficient project execution. Keywords: Standard agreement, construction project details, payment terms, insurance requirements, dispute resolution, project schedule, comprehensive framework, efficient project execution. 2. Fixed Price Agreement Between Contractor and Subcontractor: A fixed price agreement specifies a predetermined, non-negotiable amount that the contractor will pay the subcontractor for the defined scope of work. This type of agreement is often used when the project details are well-defined, and the contractor wants to establish a fixed budget for subcontracting services. Keywords: Fixed price agreement, predetermined amount, non-negotiable, defined scope of work, project details, fixed budget, subcontracting services. 3. Cost-Plus Agreement Between Contractor and Subcontractor: A cost-plus agreement is based on actual costs incurred by the subcontractor, plus an agreed-upon percentage or fee that covers overheads and profit. This type of agreement provides transparency as the contractor pays for all costs and can be suitable for projects where the scope of work is not well-defined, and costs may vary. Keywords: Cost-plus agreement, actual costs, agreed-upon percentage, overheads, profit, transparency, scope of work, varying costs. 4. Time and Material Agreement Between Contractor and Subcontractor: A time and material agreement outlines payment based on the number of hours worked and the actual cost of materials involved in the project. This type of agreement is suitable when the project's scale, duration, and scope of work are uncertain, making it difficult to estimate a fixed price or cost in advance. Keywords: Time and material agreement, payment based on hours worked, actual cost of materials, project scale, project duration, uncertain scope of work, difficult estimation. Conclusion: Tennessee's Agreement Between Contractor and Subcontractor is a crucial legal document that helps establish a clear understanding and define the expectations of both parties involved in a construction project. Contractors and subcontractors must carefully review and negotiate the terms and conditions outlined in the agreement to ensure a successful, harmonious collaboration. Keywords: Legal document, clear understanding, expectations, construction project, review, negotiate, terms and conditions, successful collaboration, harmonious.
Title: Understanding Tennessee's Agreement Between Contractor and Subcontractor Introduction: In Tennessee, an Agreement Between Contractor and Subcontractor serves as a legally binding contract outlining the terms and conditions of a working relationship between a contractor and subcontractor. This document helps ensure clarity, transparency, and mutual understanding between the two parties involved in a construction project. Different types of agreements may exist based on project-specific requirements, the scope of work, and the nature of the subcontracting relationship. Keywords: Tennessee agreement, contractor, subcontractor, construction project, legally binding contract, terms and conditions, working relationship, clarity, transparency, mutual understanding, types of agreements. 1. Standard Tennessee Agreement Between Contractor and Subcontractor: The standard agreement is the most commonly used contract between a contractor and subcontractor in Tennessee. It governs the working relationship, construction project details, payment terms, insurance requirements, dispute resolution methods, project schedule, and other essential aspects. This agreement provides a comprehensive framework for both parties, ensuring efficient project execution. Keywords: Standard agreement, construction project details, payment terms, insurance requirements, dispute resolution, project schedule, comprehensive framework, efficient project execution. 2. Fixed Price Agreement Between Contractor and Subcontractor: A fixed price agreement specifies a predetermined, non-negotiable amount that the contractor will pay the subcontractor for the defined scope of work. This type of agreement is often used when the project details are well-defined, and the contractor wants to establish a fixed budget for subcontracting services. Keywords: Fixed price agreement, predetermined amount, non-negotiable, defined scope of work, project details, fixed budget, subcontracting services. 3. Cost-Plus Agreement Between Contractor and Subcontractor: A cost-plus agreement is based on actual costs incurred by the subcontractor, plus an agreed-upon percentage or fee that covers overheads and profit. This type of agreement provides transparency as the contractor pays for all costs and can be suitable for projects where the scope of work is not well-defined, and costs may vary. Keywords: Cost-plus agreement, actual costs, agreed-upon percentage, overheads, profit, transparency, scope of work, varying costs. 4. Time and Material Agreement Between Contractor and Subcontractor: A time and material agreement outlines payment based on the number of hours worked and the actual cost of materials involved in the project. This type of agreement is suitable when the project's scale, duration, and scope of work are uncertain, making it difficult to estimate a fixed price or cost in advance. Keywords: Time and material agreement, payment based on hours worked, actual cost of materials, project scale, project duration, uncertain scope of work, difficult estimation. Conclusion: Tennessee's Agreement Between Contractor and Subcontractor is a crucial legal document that helps establish a clear understanding and define the expectations of both parties involved in a construction project. Contractors and subcontractors must carefully review and negotiate the terms and conditions outlined in the agreement to ensure a successful, harmonious collaboration. Keywords: Legal document, clear understanding, expectations, construction project, review, negotiate, terms and conditions, successful collaboration, harmonious.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.