Free Subcontractor Agreement Template, Fill & Sign Online
A subcontractor agreement is used when you have been hired to do work and you hand part of it to somebody else. You remain liable to your client for everything, which makes this contract about controlling risk you cannot otherwise refuse.
The two clauses that matter most are rarely in generic templates: whether you pay the subcontractor before your own client pays you, and whether they may approach your client directly afterwards.
Self-signing is free, local & private, never uploaded. Sending for signature needs a free account (just your email).
What a subcontractor agreement has to control
- Scope: the specific portion being handed over, and the standard it must meet, matched to what you promised your client.
- Payment timing: "pay when paid" passes the client's delay to the subcontractor. It is restricted or void in some jurisdictions, so check before relying on it.
- Insurance: the cover the subcontractor must carry, with the certificate produced before work starts.
- Non-solicitation: they may not approach your client directly for a defined period. Without this you have introduced a competitor to your customer.
- Confidentiality: covering both your client's information and your own pricing.
- Ownership: the subcontractor assigns rights to you, so you can pass them to your client. A break in that chain leaves the client owning nothing.
- Defects: who returns to fix faulty work, and at whose cost.
Mistakes that expose the main contractor
- No IP assignment. You promised your client ownership, but you never obtained it from the person who actually made the work.
- Relying on pay-when-paid where it is unenforceable. Several jurisdictions restrict or void it, leaving you owing the subcontractor on your original terms.
- No non-solicitation. The most common way an agency loses a client is by introducing them to the person doing the work.
- Not checking insurance before work starts. Afterwards it is not evidence, it is an argument.
Common questions
Is a 'pay when paid' clause enforceable?
It varies. Some jurisdictions restrict or void pay-when-paid in construction specifically; others allow it in commercial contracts generally. A pay-when-paid clause that turns out to be void leaves you paying on ordinary terms, so check before you depend on it.
Do I need a non-solicitation clause?
If the subcontractor meets or is visible to your client, yes. Keep it narrow, that client, for a limited period, because broad restraints are commonly struck down.
Who is liable if the subcontractor's work is defective?
To your client, you are — that is the nature of subcontracting. The agreement's job is to give you a matching claim against the subcontractor, which is why the standard of work and the defects clause should mirror your head contract.
This page is general information for small businesses, not legal advice. For your specific situation, talk to a licensed attorney in your state.