Subcontract agreement, electrical package, Little Wren Early Learning, Woolloongabba
Subcontractor agreement template that flows the head contract down
A subcontract exists to pass the head contract's obligations down one level and move the money back up on time. This one names the scope by drawing, sets the progress claim dates against the security of payment rules, holds retention and states the insurances, so the trade knows exactly when it is paid and for what.
The document, page by page
Every page as it renders and as it prints, with nothing summarised. Read the wording before you reuse it.
Section by section
What each section is for, so you can keep the ones you need and drop the rest.
- Parties
- Both companies with ABNs, the QBCC and electrical licence numbers and the site.
- Schedule
- Sum, retention, defects period, liquidated damages and site hours in one table.
- 1. Scope of works
- Five clauses and a register of seven drawings with revisions, plus exclusions.
- 2. Head contract
- Flow down of the head contract terms and the order of precedence.
- 3. Price and variations
- Lump sum, written variations before the work, and an hourly rates table.
- 4. Progress claims and payment
- Four dated claims totalling $148,600 and a callout on the statutory clock.
- 5. Retention
- Five percent of each claim, capped, released in halves.
- 6. Programme
- A four milestone timeline from start on site to practical completion.
- 7. Site
- Induction, daily sign in, the WHS plan and a statement before high risk work.
- 8. Insurances
- Four policies with minimum cover and who holds each.
- 9 to 12. Defects and general
- Rectification in 10 business days, termination, disputes, governing law.
- Annexure and signatures
- Flow down clauses by title and a signing block for each party.
Clauses in this document
- Consequential loss clause: excluding indirect and flow on loss
- Construction variations clause: directing and pricing changed work
- Defects liability clause: fixing defects after practical completion
- Entire agreement clause: the written contract is the whole deal
- Extension of time clause: moving the completion date fairly
- Insurance clause: which policies, what amounts, what proof
- Liquidated damages clause
- Materials and workmanship clause: the quality standard for the build
- Milestone payment clause: paying by stage
- Novation clause: agreeing now to swap a party later
- Practical completion clause: when the works are ready to use
- Principal contractor clause: appointing the WHS lead on a project
- Progress claims clause: getting paid as the work advances
- Retention money clause: holding back part of a progress claim
- Scope of work clause: what the price includes and excludes
- Security of payment clause: working with the state payment laws
- Set off clause: deducting what the other side owes
- Site access clause: possession, hours and conditions of entry
- Subcontracting clause: who else may do the work, and who answers for it
- Termination for cause clause
- Time is of the essence clause: when a missed date ends the deal
- Workplace safety clause: the WHS duties a contractor accepts on site
Security of payment in plain words
Each state has an act that gives a subcontractor a fast route to money. The subcontractor serves a payment claim that says it is made under the act. The other side has a limited number of business days to reply with a payment schedule saying what it will pay and why. Miss that deadline and the claimed amount becomes payable, with adjudication open to the claimant. Adjudication is quick and the determination is enforceable, which is why the claim dates in clause 4 are fixed to the last business day of the month instead of being left to whoever remembers.
How to adapt this document
For a labour only subcontract, delete the lump sum and retention clauses, keep the rates table as the price, and claim weekly against timesheets. For a design and construct trade, add professional indemnity to the insurance table and a design responsibility clause, since the flow down then carries design risk. For residential work, check the home building legislation in your state before reusing this: retention, defects and termination are regulated there in ways a commercial subcontract is not.
What makes this document work
Four progress claims with a date, a milestone and an amount
Rough in at $44,580, fit off at $59,440, testing at $29,720 and practical completion at $14,860, adding to the $148,600 subcontract sum. Cash flow sits on page three of the contract instead of in an email thread, and every claim has a milestone that can be inspected.
Retention is capped and released in halves
Five percent of each claim to a maximum of $7,430, half released at practical completion and half at the end of the twelve month defects period. Uncapped retention with no release dates is where most trade disputes start, so both numbers and both dates are in the schedule.
The insurance table names who holds each policy
Public liability at $20 million and workers compensation sit with the subcontractor, contract works with the head contractor, professional indemnity not required. Four rows settle the argument that usually happens after an incident, and certificates of currency are due before anyone starts on site.
Questions people ask
What is the difference between a contractor and a subcontractor agreement?
A contractor agreement stands alone between a client and the trade. A subcontract sits under a head contract and pushes its terms down, which is why this one adds flow down, retention, progress claims and site control. The contractor agreement example is the version to use when there is no head contract above you.
What is retention on a construction contract?
A percentage held back from each progress claim as security that defects get fixed. Five percent is common, and this subcontract caps the total at $7,430, releases half at practical completion and the balance after twelve months. Without a cap and two release dates, retention is money with no return date.
When does a subcontractor have to be paid?
The state security of payment acts set the outside limits, and the contract sets anything shorter. Here payment is due within 15 business days of a valid claim. A payment claim under the Queensland regime must say so, and a respondent who disputes it has to answer with a payment schedule inside the statutory window.
Can a subcontractor claim for variations?
Under clause 3.2, only if the variation is issued in writing before the varied work starts, priced from the rates table or an agreed lump sum. Verbal variations are the single biggest loss on trade packages, because the argument happens months later when nobody can produce a document.
What insurances does a subcontractor need?
Public liability, at $20 million here, and workers compensation if they employ anyone. Contract works is usually the head contractor's policy, and professional indemnity only matters where the trade designs. Certificates of currency go in before starting and again at every renewal during the works.
Is a safe work method statement part of the contract?
Clause 7.3 makes it one. Before any high risk construction work the subcontractor gives the head contractor a statement for it and works to it, and work outside a statement stops until it is corrected. The safe work method statement example shows what that document looks like.
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