Subcontractors agreement form

Ekka · 1st April 2007, 10:25 PM

I "borrowed" this from TB, got permission though.

Maybe handy perhaps if using subcontractors, what about contract climbers?

And for those without word it reads like this.

Quote:

Subcontractors Agreement

In absence of a specific agreement for a specific job, this agreement will serve as a blanket agreement for all work performed by _________________________________ as an Independent Subcontractor for Shoots to Roots Plant Care Corp. This agreement will remain in place unless cancelled in writing by either part.

____________________________ agrees to provide Shoots to Roots Plant Care Corp. with a Certificate of Insurance indicating the following coverage will be in force for the period of the agreement.

1. Comprehensive General Liability with a Combined Single Limit of $1,000,000 per occurrence and at least $2,000,000 in aggregate of Bodily Injury and/or Property Damage. This policy will also have a Per Project Aggregate Endorsement. Shoots to Roots Plant Care Corp. must be named as Additional Insured by policy Endorsement.

2. Automobile Liability with a $500,000 limit per occurrence for all owned, hired or leased, or borrowed vehicles.

3. Proof of Workers Compensation with statutory limits (100/500/100) must be provided. Since you are an Independent Contractor, you must assume responsibility for cost of injury and/or lost wages for you, your employees or partners.

4. It is your responsibility to protect the value of your tools, equipment, and installation materials. Shoots to Roots Plant Care Corp. cannot be responsible for the loss or destruction of these items.

5. Subcontractor agrees to hold Shoots to Roots Plant Care Corp. harmless from all claims and agrees to protect, defend, and indemnify Shoots to Roots Plant Care Corp. against all claims of Bodily Injury, Property Damage or loss of life which occurs as a result of Subcontractors negligent performance.

Signed by:_________________________________ Date: _______________

Title: _____________________________________

a_lopa · 2nd April 2007, 12:27 AM

I wonder how that would stand up?I had a chat with a workcover vic guy the other day at a trade show, for contractors basically you still need to have them on your policy,but then he said even if there not as long as you still have a policy current.A definite grey area

Ekka · 2nd April 2007, 12:57 AM

Same here, it wont stand up if their predominant supply is labour.

For instance, a bobcat guy rocks up to move logs and scrape the joint, hurts himself, well too bad it's his problem as he brought machinery along.

Contract climber hurts himself ... it's your problem as he's deemed an employee. He brings saws, lowering rope, friction device etc but work cover wrote me and said it's not considered significant machinery and his predominant supply is labour ... climbing the tree.

But from a liability point of view if he breaks something it could hold water ... he better have his own liability insurance just in case because between your company and his company some-one's paying. I dare say your company would take his company on if it was a significant claim.

But this takes me back to the fallen crane at Carrara Gold Coast. Arborist cuts too big a lump off and the wrong direction, crane tips over and boom cuts house in half.

Ended up after court that the crane copped the bill and claim. This was IMHO the wrong outcome as the climber determined the weight by where he was cutting and should have asked at that boom length what was safe. However the court ruled that the crane operator is solely responsible for the lift and should have directed the arborist as to what was the right amount. It is ultimately up to the crane driver what he attempts to lift. Since then it has been hard to get cranes doing tree jobs especially on the Gold Coast as no-one knows exactly what a tree weighs and how secure the tie in point is.

Interesting stuff.

matt82 · 2nd April 2007, 05:41 AM

This came directly from my insurance agent, so if it's good enough for her and the insurance companies, then I am sure it's good enough for me.

Ekka · 2nd April 2007, 01:30 PM

Sure would be where you are.

But we're in Aussie and different states have different rules.

Also, I'd say if the whole job was subbed out, like a crew comes in and does the whole tree with you watching then yes it would also apply.

What happens here is the WC people look at contractors in many cases as employees. So if the contract climber has an accident it's on your insurance. But if the whole job was farmed out to another tree company then no ... I'd say the contract definately holds up. It's just a matter of who he's reporting to and who's running the job site etc.

Frankly, it's a bit of a mess and many are confused.

For instance, I get a guy to come in and chip for me. But between chipping loads he decides to drag out some branches. Cops a struck by. Is he deemed an employee or contractor then? Messy.

2nd April 2007, 12:27 AM	#2 (permalink)
a_lopa Over mature heritage tree Join Date: Jan 2007 Location: Drouin Posts: 924	I wonder how that would stand up?I had a chat with a workcover vic guy the other day at a trade show, for contractors basically you still need to have them on your policy,but then he said even if there not as long as you still have a policy current.A definite grey area __________________ Free Tree Industry Link Directory

2nd April 2007, 12:57 AM	#3 (permalink)
Ekka Admin - Dip Arb & Hort Join Date: Jan 2007 Location: Brisbane Posts: 7,767	Same here, it wont stand up if their predominant supply is labour. For instance, a bobcat guy rocks up to move logs and scrape the joint, hurts himself, well too bad it's his problem as he brought machinery along. Contract climber hurts himself ... it's your problem as he's deemed an employee. He brings saws, lowering rope, friction device etc but work cover wrote me and said it's not considered significant machinery and his predominant supply is labour ... climbing the tree. But from a liability point of view if he breaks something it could hold water ... he better have his own liability insurance just in case because between your company and his company some-one's paying. I dare say your company would take his company on if it was a significant claim. But this takes me back to the fallen crane at Carrara Gold Coast. Arborist cuts too big a lump off and the wrong direction, crane tips over and boom cuts house in half. Ended up after court that the crane copped the bill and claim. This was IMHO the wrong outcome as the climber determined the weight by where he was cutting and should have asked at that boom length what was safe. However the court ruled that the crane operator is solely responsible for the lift and should have directed the arborist as to what was the right amount. It is ultimately up to the crane driver what he attempts to lift. Since then it has been hard to get cranes doing tree jobs especially on the Gold Coast as no-one knows exactly what a tree weighs and how secure the tie in point is. Interesting stuff. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping \| Stump Grinding and Stump Removal Brisbane Brisbane Tree Care, Consultations, Developer, Tree and Arborist Reports Forum Sponsors

2nd April 2007, 01:30 PM	#5 (permalink)
Ekka Admin - Dip Arb & Hort Join Date: Jan 2007 Location: Brisbane Posts: 7,767	Sure would be where you are. But we're in Aussie and different states have different rules. Also, I'd say if the whole job was subbed out, like a crew comes in and does the whole tree with you watching then yes it would also apply. What happens here is the WC people look at contractors in many cases as employees. So if the contract climber has an accident it's on your insurance. But if the whole job was farmed out to another tree company then no ... I'd say the contract definately holds up. It's just a matter of who he's reporting to and who's running the job site etc. Frankly, it's a bit of a mess and many are confused. For instance, I get a guy to come in and chip for me. But between chipping loads he decides to drag out some branches. Cops a struck by. Is he deemed an employee or contractor then? Messy. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping \| Stump Grinding and Stump Removal Brisbane Brisbane Tree Care, Consultations, Developer, Tree and Arborist Reports Forum Sponsors

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2nd April 2007, 05:41 AM	#4 (permalink)
matt82 I'm new here so be nice Join Date: Apr 2007 Posts: 1	This came directly from my insurance agent, so if it's good enough for her and the insurance companies, then I am sure it's good enough for me.