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SUBCONTRACTOR AGREEMENT

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Revised: July 2006 Builders Insurance Group Page 1
SUBCONTRACTOR AGREEMENT
This Agreement, as negotiated herein, is entered into by and between ___________________________,
“Subcontractor” and _________________________________, “Contractor.”
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Subcontractor and the Contractor hereby agree as follows:
Article 1. Statement of Work:
From time to time, Subcontractor may provide services to Contractor. In addition to the terms and
conditions negotiated by the parties for particular projects, Contractor and Subcontractor hereby agree
that the terms and conditions of this Subcontractor Agreement (the “Agreement”) shall apply whenever
Subcontractor provides services to Contractor.
Article 2. Insurance:
The Subcontractor, at its own expense, shall obtain and maintain in full force and effect, without
interruption during the term of the Agreement, the following minimum levels of insurance:
A. Workers’ Compensation insurance covering the legal liability of the Contractor and its
Subcontractors under the applicable workers’ compensation or occupational disease laws for
claims for personal injuries and death resulting there from to the Contractor and its
Subcontractor’s employees. The Subcontractor shall also obtain a minimum of $500,000 of
Employers’ Liability insurance. Certificates of insurance must include a waiver of subrogation in
favor of Contractor.
B. Commercial General Liability insurance covering the legal liability (including liability assumed
contractually, whether incidental or not) of the Subcontractor who may be engaged in the
services, for claims for personal injuries (including death) and property damage resulting there
from arising out of the services to be performed by the Subcontractor, in an amount not less than
$500,000 for any one occurrence, $1,000,000 general aggregate (subject to a per project general
aggregate provision), $1,000,000 Products/Completed Operations aggregate limit. Commercial
General Liability insurance shall be obtained and shall include broad form contractual liability
coverage, products/completed operations, cross liability, severability of interest and broad form
property damage (if required), and Contractor as well as its directors, officers and employees
shall be named as an additional insured on such Commercial General Liability policy regarding
liability arising out of operations performed under this Agreement. Form CG 20 10 07 04 and CG
20 37 07 04 must be shown on the certificate of insurance or its equivalent.
C. Automobile Liability insurance covering the legal liability (including liability assumed contractually,
whether incidental or not) of the Subcontractor who may be engaged in the services, for claims
for personal injuries and death resulting there from and for property belonging to other than the
Subcontractor caused by highway licensed vehicles of or used by the Subcontractor in an amount
not less than: (i) $500,000 for any one person; (ii) $500,000 for bodily injury for any one
occurrence; and (iii) $500,000 for property damage for any one occurrence. Automobile Liability
insurance shall provide coverage for owned, hired or non-owned automobile or other automotive
equipment and Contractor shall be named as an additional insured on such policy.
The Subcontractor’s insurance coverage shall be primary insurance as respects work on this project for
Contractor, its directors, officers, and employees. Any insurance or self-insurance maintained by
Contractor shall be excess of the Subcontractor’s insurance. The Subcontractor, in its agreements with
subcontractors, shall require subcontractors to obtain insurance meeting the minimum limits and
incorporating the contractual requirements that are prescribed by this Section. The Subcontractor hereby
waives and relinquishes any right of subrogation against Contractor and its agents, representatives,
employees, and affiliates they might possess for any policy of insurance provided under this Section or
under any State or Federal Workers’ Compensation or Employer’s Liability Act. Subcontractor shall
Revised: July 2006 Builders Insurance Group Page 2
require its insurer to notify Contractor thirty (30) days prior to the effective date of any cancellation or
material change in any of the required policies. To the extent that the Subcontractor utilizes deductibles
in conjunction with the insurance required by this Agreement, all deductible expenses will be assumed by
the Subcontractor. Insurance shall be placed with insurers with a Best rating of not less than A-.
Article 4. Indemnification and Arbitration:
The work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively.
Subcontractor hereby indemnifies and holds Contractor, its parent and affiliates and their respective
officers, directors, employees and agents, harmless from and against any and all claims, actions, losses,
judgments, or expenses, including reasonable attorneys fees, arising from or in any way connected with
the work performed, materials furnished, or services provided to Contractor during the term of this
Agreement.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be
settled by binding arbitration and judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. The prevailing party in any arbitration concerning this Agreement
shall be entitled to reasonable attorneys’ fees.
Article 5. Warranty:
Subcontractor warrants its work for a period of _______ year(s) against all defects in materials or
workmanship.
Article 6. Miscellaneous:
Subcontractor is an independent contractor and not an employee of Contractor.
This Agreement shall be in full force and effect from the date of signing unless canceled in writing by
either party with thirty (30) days’ written notice. The cancellation of this Agreement shall not negate any
term or condition, such as the indemnity or insurance requirements.
This Agreement is governed by the laws of the State of Georgia. Any amendment(s) must be given in
writing.
SUBCONTRACTOR CONTRACTOR
Company: ____________________________ Company: ____________________________
By: __________________________________ By__________________________________
Title: _________________________________ Title: ________________________________
Date: ________________________________ Date: ________________________________
This sample agreement is for informational purposes only and should not be considered legal
advice. Builders Insurance accepts no legal responsibility for the correctness or completeness of
this material. We recommend that you consult with your legal counsel and agent regarding your
individual circumstances.

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