This contract for services is made between:

 

Name & Address. ,.New Space Ltd 8, Chester Gardens Argyle Road W13 8EP (The contractor)

 

and…

BACKGROUND

 

1. The Contractor’s business is in the provision of construction. The Contractor tenders for and is appointed by its clients to complete a project for specified works at a certain site or location (“the Assignment”)
2. The Subcontractor has skills and abilities in the provision of construction services which may from time to time be available to the Contractor (‘the Services”).
3. The Contractor and the Subcontractor agree that if the Subcontractor offers to make his services available to the Contractor and is engaged by the Contractor the terms and conditions in this contract for Services shall apply.
4. It is the intention of the parties that when the Subcontractor provides the Services to the Contractor for an Assignment, such provision of Services shall constitute a separate and distinctive engagement under this Contract for Services. Unless varied or amended or otherwise agreed between the parties under clause 21, these terms and conditions shall apply for each engagement.

 

OPERATIVE PROVISIONS

 

1. The Contractor is not obliged to offer work on any Assignment to the Subcontractor, neither is the Subcontractor obliged to accept any work offered* The Subcontractor is not obliged to make his Services available at any time. Specifically, both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
2. The Subcontractor shall act in a professional workmanlike way at all times while carrying out the Services for the Contractor.
3. The Subcontractor is free to use his own initiative as how best to complete the Services and with the flexibility to arrange how and when the Services are carried out, always provided that this does not unreasonably interfere with or delay other works being carried on by or on behalf of the Contractor or with any site restrictions in place on a particular Assignment.
4. The Subcontractor is responsible for providing his own equipment and tools however the parties agree that certain equipment, tools or other ancillary equipment may be more economically provided by the Contractor, particularly if the type of Assignment is specialised or the Services are labour only services.

 

PAYMENT FOR THE SERVICES

 

1. Formal written tenders will not be required. The parties agree that the day rate for the Services and the method of payment will be negotiated and agreed between them from time to time and this shall include verbal agreements of the rate of payment for the Services. The Subcontractor agrees that the Contractor reserves the right to recover any sums due under the Construction Industry Training Board Levy Scheme from the Subcontractor’s payment for Services. Any defective work the Contractor reasonably determines has been caused by the Subcontractor, or by any substitute or hired assistant working for the Subcontractor, will, if requested by the Contractor, be corrected by the Subcontractor at his own cost or in his own time.
2. The Subcontractor is responsible for all his travel expenses to and from any location where he has been engaged to provide the Services. At the Contractor’s discretion, where transport facilities are made available by the Contractor to a particular location the Contractor has a discretionary right to make a reasonable charge for this service.
3. The Subcontractor is subject to the Construction Industry Deduction Scheme. In accordance with the CIS rules, the Contractor is obliged to check the Subcontractor’s tax status with the Inland Revenue who will advise the Contractor on the rate of tax to be deducted from each payment due.
4. The Subcontractor is responsible for his own National Insurance Contributions.
5. As an independent business, the Subcontractor agrees that he is not entitled to holiday pay, sick pay or any other payment for absence from the Contractor in any circumstances, or to participate in the Contractor’s grievance and disciplinary procedure.
6. The Subcontractor will not be entitled to receive payment for Services cancelled or where a site is closed by reason of inclement weather.

 

HEALTH AND SAFETY

 

1. In the interests of Health and Safety obligations imposed on the Contractor, the Subcontractor agrees to comply with all reasonable operational rules relating to working hours, site security and safety.
2. In the interests of Health and Safety obligations imposed on the Contractor, the Contractor will, where applicable, provide the safety equipment used on their sites.
3. The parties acknowledge that it may be necessary for health and safety reasons for the Subcontractor to be identifiable whether evidenced by security passes or on parts of clothing. However, the Subcontractor will not represent himself or hold himself out to be a servant or employee of the Contractor at any time, but as an independent subcontractor in business on his own account engaged by the Contractor for the specific purpose of providing the Services.

 

TERMINATION OF THIS AGREEMENT

 

1. This Agreement can be terminated by either party for any reason and without any notice given.

 

MISCELLANEOUS

 

1. The Subcontractor confirms that he has read and understood the terms and conditions herein and has had the opportunity to discuss the agreement with any person or professional adviser he considers necessary before signing.
2. Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
3. Both parties agree that unless otherwise stated in the Contract for Services, with the exception of verbal agreements referred to in clauses 6 and 8 these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
4. Should the Contractor fail to enforce or apply any of the rights that it has under this Contract for Services, it shall not be construed that the Contractor approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract for Services in full at any time now or in the future.
5. The Headings used in the Contract for Services are for ease of reference only and are not intended to be interpreted as a part of the terms agreed between the parties.
6. Words referring to the masculine are to include the feminine and words referring to the singular include the plural.
7. This contract is governed by the laws of England and Wales.

 

Contractor……. New Space Ltd