Subcontractor agreement review checklist
Subcontractor agreements often pass head contract risks downstream. This checklist is for construction lawyers reviewing a subcontract before execution.
This is a 12-step checklist for reviewing a construction subcontractor agreement. It covers scope, back-to-back terms, payment, variations, EOT, and termination.
The checklist
Review scope of works
Check the subcontract scope against the head contract and identify any gaps or overlaps.
Check back-to-back provisions
Identify provisions that pass head contract obligations through to the subcontractor.
Review payment terms
Check payment timing and whether pay-when-paid clauses are void under the relevant SOPA.
Check SOPA compliance
Confirm the payment schedule process complies with the applicable Security of Payment Act.
Review EOT process
Check EOT notice requirements and which head contract delay causes flow down.
Check variations process
Review variation process, valuation method, and time bars.
Review insurance requirements
Check public liability, workers compensation, and contract works cover.
Check bonds and retention
Review retention money trust account obligations and bond requirements.
Review defects liability
Check the defects liability period and rectification process.
Review termination clauses
Check termination for convenience and default provisions.
Check indemnities
Review indemnity scope and limits on subcontractor liability.
Review dispute resolution
Check dispute resolution process and links to head contract disputes.
When this checklist applies
Use when reviewing a subcontract before execution by principal contractor or subcontractor.
Common pitfalls
- Pay-when-paid clauses that are void under SOPA
- Back-to-back terms not aligned with head contract scope
- Retention trust obligations missed
- EOT flow-down not addressing concurrent delay
- Indemnity scope wider than insurance cover
Run this checklist on a real matter
Quillio can review a subcontract, flag back-to-back gaps and SOPA non-compliance. See /practice-areas/construction-lawyers or start a free trial.
General guidance for subcontract reviews. Adapt for specific head contract and jurisdiction.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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