This contract for services is made between:-
Qualified Contractor Services Limited (Company Reg. No. ?) whose registered office is at 9 Selsdon Way, City Harbour, London E14 9GL (“the Contractor”) and You.
The Contractor is in the business of supplying construction services to its clients.
The Sub-contractor possesses skills which are of benefit to the Contractor and which he may provide to the Contractor at his election from time to time (“the Services”).
The terms stipulated below, together with any verbal agreements made between the parties regarding the Sub-contractor’s rate of pay, shall at all times apply to the Sub-contractor’s performance of the Services.
The Contractor shall not be under an obligation to make work available to the Sub-contractor and the Sub-contractor shall not be under an obligation to accept any work available via the Contractor. In turn it is not intended that there be any mutuality of obligation between the parties.
The Sub-contractor agrees that he or any substitute appointed pursuant to clause 10 below will perform the Services in a professional and workmanlike manner and using reasonable care and skill. The Sub-contractor shall decide when and how best to perform the Services although regard should be had to project deadlines any applicable health and safety rules or site-specific restrictions.
The performance of the Services by the Sub-contractor on the terms of this agreement shall not create or be construed as implying or creating a relationship of master and servant or employer and employee between the Contractor and the Sub-contractor.
The Sub-contractor is at full liberty to supply his services to other contractors.
The parties shall negotiate the rate of payment for the Services between them from time to time either verbally or in writing without the requirement for a formal tender to be submitted by the Sub-contractor.
The Sub-contractor shall not have any entitlement to receive payment where he is prevented from performing the Services for any reason (including site closure and force majeure).
The Sub-contractor is responsible for correcting any defective work caused by his actions or those of any substitute at his own expense and without further payment. The Contractor reserves the right to withhold a proportion of any payment(s) due to the Sub-contractor until any defective works have been made good to the Contractor’s satisfaction.
The parties agree that 8.33% of the total payment made under the terms of this contract shall represent contractual holiday pay and it is further agreed and acknowledged by the parties that the payment of holiday pay under this contract is not a statutory entitlement.
Where the Sub-contractor is subject to deductions under the Construction Industry Scheme (CIS), the Contractor undertakes to ascertain from HM Revenue & Customs the correct rate of income tax to be applied to payments made to the Sub-contractor. The Sub-contractor shall remain responsible for his own National Insurance Contributions. Where the Sub-contractor is not covered by CIS, the Contractor shall settle any invoices rendered by the Sub-contractor in respect of the Services without deduction of tax or National Insurance Contributions and the Sub-contractor shall be responsible for accounting to HM Revenue & Customs for such liabilities.
The Sub-contractor may engage and provide a substitute or hired assistant to perform the Services on his behalf. If, in the reasonable opinion of the Contractor, the substitute or hired assistant appears to lack the skills necessary to perform the Services in the Subcontractor’s stead, the Contractor may reject such substitute or hired assistant. Any substitute or hired assistant shall be remunerated by the Sub-contractor and the Contractor shall not have any responsibility in this regard.
The Sub-contractor is responsible for his own tools and equipment (including their safety and security).
The Sub-contractor is responsible for all travel and subsistence costs incurred in connection with the Services.
The Contractor may deduct from any payment(s) due to the Sub-contractor any sum required to reimburse the Contractor or its client in respect of any costs which such parties may incur as a result of the Sub-contractor’s damage to property or persons during his performance of the Services.
The Sub-contractor agrees to comply with all applicable health and safety and site security policies when attending the site(s) where the Services are being performed. It may be necessary for health and safety or site security reasons for the Sub-contractor to carry identification which shows him as being engaged by the Contractor. The Subcontractor shall not, however, hold himself out as representing the Contractor in any way other than having been engaged by the Contractor as an independent, self-employed sub-contractor.
This contract may be terminated by either party without notice at any time and without reason.
As a self-employed individual in business on his own account, the Sub-contractor shall not have any entitlement to holiday pay (apart from that which is provided for at clause 8 above), sick pay or any other payment in respect of the Sub-contractor’s absence from work and shall not be subject to any grievance or disciplinary policies operated by the Contractor or its clients.
The ability of the Contractor to pay the Sub-contractor in respect of the Services is contingent upon the Contractor first being paid by its client.
The Sub-contractor agrees that he has read and understood this contract and has raised any concerns or queries with the Contractor regarding its content prior to signing below.
Failure by either party to enforce or apply any of the rights applicable under the terms of this contract shall not imply acceptance of any breach of contract and both parties shall retain the right to enforce or apply the terms of the contract at any time in the future.
This contract shall be governed by and construed in accordance with the laws of England and Wales.
Qualified Contractor Services Ltd is only suitable for self-employed subcontractors.