UPDATE CONTRACT FOR CONSTUCTION SERVICES
This Contract for Services is made on December 2, 2020 between Qualified Commercial Contractors Ltd, 9 Selsdon Way, City Harbour, London E14 9GL (“the Contractor”)
Name: ("the Subcontractor"). Date of Birth:
2.1 The Contractor’s business is in the provision of Construction Services which it provides its Clients.
2.2 The Subcontractor provides skilled construction trade services (the "Services") which may be of use to the Contractor from time to time.
2.3 Both parties agree that if Contractor chooses to engage the Subcontractor for the provision of services then the following terms and conditions will apply.
3.1 The Contractor is under no obligation to and provides no guarantee to provide the Subcontractor with any work whatsoever.
3.2 The Subcontractor is under no obligation to provide any services to the Contractor at any time and is free to decline to provide any services at any time.
3.3 Both parties agree and intend that if the Subcontractor undertakes any services for or on behalf of the Contractor he does so as an independent business in his own right under a contract for services and not under a contract of employment or any other kind of contract.
3.4 The Subcontractor is free to provide services to any other parties at any time.
3.6 As an independent business the Subcontractor is free to decide how best he provides the services and will not be under the control of the Contractor as to his method of performance.
3.7 The Subcontractor will not be subject to supervision, direction or control as to the manner in which he provides the services.
3.8 If the Subcontractor cannot or does not want to provide the services he is free to send another suitably qualified and experienced individual in his place to perform the services if he so chooses.
3.9 If the Subcontractor does choose to send such substitute in his place, any contractual agreement, including payment will be a matter between the Subcontractor and his substitute. The Contractor has no contract with any substitute and accepts no responsibility for any substitute the Subcontractor chooses to utilize.
3.10 The Subcontractor is responsible his own equipment and Personal Protective Equipment. 3.11 The Subcontractor is responsible for his own insurances and will provide a copy of the relevant insurance documents to the Contractor upon request. The Contractor may at its absolute discretion cover the Subcontractor under its Company policy and may charge the Subcontractor for doing so.
3.12 The Subcontractor agrees to provide the services to the best of his ability and to the standard reasonably expected of a competent tradesman. If in the Contractor’s, or Contractor’s clients’, opinion the Subcontractor (or any of its substitutes) has provided defective or substandard services, the Contractor reserves the right to require the Subcontractor to pay the costs/loss arising from any substandard provision of services.
4.1 The Subcontractor will be paid at a rate negotiated between the parties from time to time.
4.2 If the Subcontractor is VAT registered, he must provide a copy of his VAT registration certificate before any payments can be made.
4.4 The services are governed by the Construction Industry Scheme; as such any payments made to the Subcontractor will be subject to deductions as notified to the Contractor by HMRC following verification.
4.5 To comply with the Construction Industry Scheme the Subcontractor must provide such information as is necessary to Contractor in order for Contractor to verify the Subcontractor’s payment status with HMRC.
4.6 Any deductions made under the Construction Industry Scheme are for Income Tax purposes only and do not relate to National Insurance, nor do they replace the Subcontractor’s requirement to complete his own tax return.
4.7 In compliance with the Construction Industry Scheme the Contractor will provide the Subcontractor with a remittance advice, on a monthly basis, detailing all payments and deductions.
4.8 The Contractor is under no obligation to make any payment to the Subcontractor. The Subcontractor is not entitled to receive payment for any period where services are not provided, or for any cancelled works regardless of any reason as to why works are cancelled.
4.9 The Contractor reserves the right to deduct any costs and charges notified to the Subcontractor under any clause in this contract, against any monies payable to the Subcontractor.
4.10 The Subcontractor is responsible for the costs of his own travel to and from location and any expenses incurred. The Contractor is under no obligation to reimburse any expenses.
4.11 The Subcontractor is engaged as a self-employed Subcontractor and understands and agrees he is not entitled to any statutory payments or employee style benefits such as holiday pay, sick pay, maternity/paternity pay or any other payment of any kind.
5.1 Either party may terminate this contract for services at any time without notice and without financial penalty.
6.1 The Subcontractor will not hold himself out to be an employee or representative of the Contractor. Both parties acknowledge however that given the nature of the services provided there may be times where, due to regulations or conditions imposed by governing bodies for the protection of the general public (such as Health & Safety and Security), which are outside of the authority of Subcontractor, the Contractor or its client to not follow, the Subcontractor may need to be identifiable as a subcontractor of the Contractor.
6.2 While the Subcontractor’s method of work is his own the Subcontractor acknowledges there may be times where he must have regard to Health and Safety requirements imposed by statute, which are outside of the Subcontractor’s, the Contractor’s or Contractor’s Clients’ authority, in so far as they are reasonably applicable to him when providing the Services.
7.1 Save as where expressly provided in this contract for services, the terms and conditions represent the whole agreement between the Contractor and the Subcontractor when the Subcontractor provides his services, and supersedes any other written or verbal contract, agreement, arrangement or understanding.
7.2 Any amendment to this Contract for Services will only take effect with agreement in writing by both parties.
7.3 Failure by the Contractor to exercise its rights against any specific contractual breach of this contract does not constitute acceptance of that breach, any future breaches or any breach of any other contractual term.
7.4 Breach of any specific contractual term of this contract does not invalidate or nullify any other contractual term contained within this contract.
7.5 By signing this Contract for Services the Subcontractor agrees and confirms he has fully read and understood the terms and conditions in this contract and has had opportunity to seek legal advice before signing.
8.1 This contract for services is governed by English Law and any dispute relating to this contract for services will be subject to the jurisdiction of the English Tribunals and Court system.
CIS SELF EMPLOYMENT STATUS DECLARATION
The following statement of engagement criteria needs to be signed by the Subcontractor to confirm that working arrangements with Qualified Commercial Contractors Limited and prospective clients meet the current HMRC requirements needed to operate in a self-employed capacity.
By agreeing with the above statements, I confirm that I am working legitimately on a self-employed basis, and that me and all other parties involved are compliant with current HMRC requirements. If I have any concerns about my employment status, or any of the above statements I will notify Qualified Commercial Contractors Ltd immediately.
Signed: Dean Morgan, Contractor (QCC Ltd) | Date: December 2, 2020
Signed: , Subcontractor | Date: December 2, 2020
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Document Name: UPDATE CONTRACT FOR CONSTUCTION SERVICES
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