Subcontract Form of Agreement THIS SUBCONTRACT is made on [_____ _____, _____] BETWEEN: [_____ _____ _____ ] (a [_____ _____ _____ ] company with registered number [_____ ]) whose registered office is at [_____ _____ _____ _____ ] and represented by __________acting through a duly authorised power of attorney (the Main Contractor, which expression shall include successors and permitted assigns); and [_____ _____ _____ ] (a [_____ _____ _____ ] company with registered number [_____ ]) whose registered office is at [_____ _____ _____ _____ ] and represented by __________acting through a duly authorized power of attorney (the Subcontractor, which expression shall include successors and permitted assigns), each a Party and collectively the Parties.

WHEREAS

  1. the Main Contractor has decided to engage the Subcontractor to design unless otherwise specified, procure, supply, execute, install, commission and complete on a turnkey basis the Subcontract Works as described in this Subcontract, and to perform the Subcontract Works for payment as provided herein; and
  2. the Subcontractor has agreed to such engagement on the terms and subject to the conditions of this Subcontract as provided herein.

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IT IS AGREED as follows:

  1. The Subcontractor will design unless otherwise specified, procure, supply, execute, install, commission and complete on a turnkey basis the Subcontract Works as described in this Subcontract, and perform the Subcontract Works for the compensation provided for herein as more particularly described in the Conditions of Subcontract and Schedule of Subcontractual Amendments attached hereto1; and

  1. The Main Contractor will pay the Subcontractor the price of ________________________2(the Subcontract Price) and perform the other actions required of it on the terms and subject to the conditions of this Subcontract, as more particularly described here and in the Conditions of Subcontract and Schedule of Subcontractual Amendments attached hereto.

  1. Except as otherwise provided for in the Subcontract, the Subcontract covers all of the Parties' obligations with respect to:
    1. the design, procurement, supply, execution, installation, commissioning and/or completion on a turnkey basis of the Subcontract Works as described in the Subcontract and its Appendices within the Time to Taking-Over as defined 3; and
    2. the remedying of any Defects within the Defect Correction Period thereafter.

  1. Each Party is deemed to have verified, checked and ascertained that all the documentation listed in this Subcontract is complete and in its possession. Any subsequent revision of drawings and/or documentation listed in the Subcontract, and any other plan, drawing, description, specification, standard, calculation sheet or the like issued in connection with the Subcontract Works after the execution and signature of the Subcontract shall become and be valued as an integral part of the Subcontract.

  1. Each Party will furnish sufficient and competent supervisor(s), qualified and experienced labour, materials, equipment, tools, facilities, services and the like, to execute the Subcontract Works in full accordance with the above mentioned documents and the documents referred to therein and attached thereto.

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Whereas the Parties have executed this Subcontract by duly authorized representatives on the day and year first above written. 4

1
Parties need to define the scope of work to be governed by the Subcontract and modify this provision accordingly.

2
Sometimes the Subcontract Price is set out in an Appendix to assist in keeping it confidential

3
Parties need to define the scope of work to be governed by the Subcontract and modify this provision accordingly.

4
It would normally be a good idea to have a person from each Party witness all signatures. If appropriate, a chop or seal should be attached from the Parties. A local counsel or notary or may be used to verify the identities of the parties and their capacity to bind the parties.