Subcontractor Agreement Sample
SUBCONTRACTOR AGREEMENT
1- PARTIES
On one side, ……………………………, whose legal residence is at ………………………………………….. address (hereinafter the Employer ),
and on the other side, ……………………………, whose legal residence is at ………………………………………….. address (hereinafter the Subcontractor ),
have signed this agreement under the terms and conditions set forth below.
The parties agree that the addresses specified in this agreement will be considered their official notification addresses , and all notifications sent will be deemed valid unless a change of address is notified in writing
2- SUBJECT OF THE AGREEMENT
The subject of this contract is the execution of ……………………… works by the Subcontractor on the property owned by the Employer located at ……………………… address, in accordance with approved projects and technical specifications.
3- COST OF THE WORK
The price of the work subject to the contract has been determined as ……………… TL, including labor, transportation, loading and unloading, insurance premiums, subcontractor profit and general expenses, excluding VAT .
4- DURATION OF THE WORK
The duration of the work is ………. calendar days after the site handover . In case of force majeure, the period may be extended by mutual written agreement of the parties.
5- PENALTIES FOR STARTING, COMPLETING, AND DELAYING WORK
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The date on the handover report will be considered the start date of the work.
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The work will be ready for provisional acceptance within ……….. days.
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In case of delay by the subcontractor , a delay penalty of ………. TL will be applied for each day .
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If the delay exceeds ……… days, the Employer may terminate the contract without any prior notice.
6- DEFINITIVE GUARANTEE
The subcontractor shall provide a performance bond of ……………… TL upon signing this contract . The bond will be returned after final acceptance of the work.
7- OFFICIAL TAXES AND LEGAL OBLIGATIONS
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All taxes, fees, insurance premiums, withholding tax, fund deductions, and other obligations are the responsibility of the Subcontractor.
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The subcontractor will employ all its workers Law No. 5510 .
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Subcontractor employees cannot claim any rights from the employer.
8- PRICE AND TAX CHANGES
The prices offered by the subcontractor are fixed. No price difference can be claimed on the grounds of increased taxes, labor costs, or materials.
9- WORK SUPERVISION AND TECHNICAL RESPONSIBILITY
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The work to be done will be checked by the Employer or their representative.
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Manufacturing defects will be corrected free of charge.
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Technical responsibility remains with the Subcontractor until the completion of the work.
10- STORAGE OF THE MATERIAL
The subcontractor is responsible for the safekeeping of all materials, machinery, and equipment that it brings to the construction site or that is delivered by the Employer.
11- OCCUPATIONAL HEALTH AND SAFETY
The subcontractor the Occupational Health and Safety Law No. 6331. They are directly responsible for any workplace accidents that may occur.
12- ADDITIONAL FABRICATIONS
For constructions not included in the project but deemed necessary, the price will be determined based on the Ministry of Public Works Unit Price List
13- DEFECTIVE MATERIALS AND ERRORS
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Materials and workmanship that do not conform to standards will not be accepted by the Employer and will be replaced free of charge.
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Damages caused by faulty workmanship will be covered by the subcontractor.
14- TERMINATION OF THE AGREEMENT
If the subcontractor fails to fulfill its obligations, the Employer may unilaterally terminate the contract. In this case, the security deposit will be forfeited, and any resulting damages will be recovered from the subcontractor.
15- DISPUTES
In case of disputes arising from this agreement , the Courts and Enforcement Offices of …………….. shall have jurisdiction.