Typically I would have them work under mine - but it really depends on the scope of work. For instance, an appliance installer (Yes there are appliance installers ) I would probably let that person work under a their own contract and not worry about mine. But when we get into a major portion of the cost of work or areas prone to fail (millwork, roofing, framing) I would have them work under mine. The biggest driving force behind that is to shed the risk to responsible parties (i.e. specialty trades).
When we decide which sub we are going to use, we typically transfer their specs/scope of work, etc... to our contract with the client. That way it's not an issue as we're all pretty much on the same page.
To be honest I prefer when the GC signs my contract. If he has a seperate sub contract for me to sign I will review it.
The two best GC's I have worked for in my entire life have had NO sub agreements and always signed my proposals. This is because both started out as subs and they know how GC's like to take advantage of subs with their contracts and agreements.
It really comes down to what youa re comfortable doing. In either case either contract can be edited. I cross stuff out in sub agreements all the time. If I don't agree in principal I don't agree in pen, and that means I don't sing until I make changes.
One thing you will NEVER find in the GC's contract is a clause stating that they will pay out late fees for payments past due 21 days, which is a standard clause in all my contracts, and if the GC absolutely refuses to sign my contract I ammend that clause into their contract... and if they refuse to accept the ammendment then I don;t want to work for them because they don't plan on paying me anyways.
Contractor Talk - Professional Construction and Remodeling Forum
A forum community dedicated to professional construction and remodeling contractors. Come join the discussion about the industry, trades, safety, projects, finishing, tools, machinery, styles, scales, reviews, accessories, classifieds, and more!