Contract of Service

The Subcontractor is in business on his own account as an independent, with the skills and abilities to offer services which may be of use to the Contractor from time to time.

By signing this Contact for Service document, the Contractor and Subcontractor agree that if the Sub-Contractor provides services to the Contractor he will do so in accordance with the Operative Provisions outlined in this Contract for Service.

OPERATIVE PROVISIONS

THE CONTRACT WORKS (services provided)

1. This Contract for Services shall commence and terminate on the period of time covered by the dates on each Taxed Payment made by the Contractor and that a new contract for services commences on the next day contract works are undertaken.
2. The Subcontractor will use his own initiative in how the works are to be completed and will have flexibility as to the hours worked on site, but will nonetheless assist the Contractor by making all reasonable attempts to work within an overall agreed deadline, will observe Health and Safety regulations regarding working hours and will comply with all reasonable site operational matters relating to working hours and site security.
3. The Subcontractor is not obliged to seek permission from the Contractor to leave a site at any time and if requested to do so by the Contractor will maintain a time sheet record of time on site for the specific purposes of Health and Safety legislation, or other site operational requirements.
4. The Subcontractor may, at his absolute discretion, send a substitute or delegate to perform the work or hire his own assistant.
5. Where a substitute or delegate or assistant is hired and sent by the Subcontractor, the Contractor shall have no contractual or financial relationship with the substitute delegate or assister.
6. The contract price for the works will be negotiated and agreed between the Contractor and Subcontractor on a verbal basis from time to time. Written tenders are not required.
7. Materials, plant, tools and equipment will be: provided by the Subcontractor only where specifically agreed with the Contractor. Both Contractor and Subcontractor agree that this is a Contract for Services essentially in respect of labour only, and recognise that materials, plant and equipment can generally be sourced and supplied more economically by the Contractor or Contractor’s client.
8. Where the Subcontractor is using their electrical tools, these are to hold a current and valid PAT certificate. It is the Subcontractor’s responsibility to ensure that all of their electrical tools are regularly PAT tested and this will be check by the Contractor’s site management.
9. The Subcontractor is responsible for providing and wearing PPE in line with the site requirements. The Contractor will issue branded hi-visibility vests, and other items as necessary, to help with recognition on site.
10. Subcontractors are to hold a current CSCS card appropriate to their specific trade. If the Subcontractor is not in possession of this card, the Contractor will help to organise training through a third party organisation in order to improve health and safety on site.
11. The Subcontractor agrees to abide by all Health & Safety measures on site, at all times, and sign Titan’s Subcontractor Health & Safety Agreement.
12. Subcontractors agree to attend Site Inductions and Toolbox Talks as required.
13. The Subcontractor will negotiate the price for the works and is obliged to honour any agreed price.
14. Defective work by the Subcontractor, his substitutes or hired assistants will be corrected by the Subcontractor at his own cost or in his own time.
15. The Subcontractor will not be entitled to receive holiday pay or Bank Holiday pay or special absence pay in any circumstances.
16. The Subcontractor will not be entitled to receive sick pay in any circumstances. The Subcontractor will bear the cost of his own health insurance which he may arrange at his own discretion. The Subcontractor agrees he is not entitled to any employment law rights which may be available to direct employees. Specifically the Subcontractor acknowledges that he is not a “worker” for the purposes of the Working Time Regulations in respect of this Contract for Services.
17. The Subcontractor will not be entitled to receive payment for cancelled works or where a site is closed due to inclement weather.
18. This Contract for Services can be immediately terminated by either party for whatever reason and no notice is required to be given. The Subcontractor is not entitled to partake in any grievance procedure offered by the Contractor.
19. Specifically both parties accept that they do not wish to create or imply any mutuality of obligations whatsoever, at any time, either during or in between any individual Contract for Services.
20. The Subcontractor will be liable to pay for the repair or replacement of any property, plant equipment or materials he damages. The Subcontractor will maintain his own insurance against public liability.
21. The Subcontractor is free to undertake other contracts for services for other parties at any time before, after, or concurrently with this Contract for Services.
22. The Subcontractor agrees that as an independent person in business on his own account is responsible for his own tax and national insurance.
23. The Subcontractor will at all times represent himself as an independent Subcontractor and will in no circumstances represent himself or hold himself out as a servant or employee of the Contractor. The Subcontractor hereby acknowledges he is in business on his own account and is not part and parcel of the Contractor’s business.
24. The Subcontractor gives their consent for the Contractor to securely store their personal data in line with Titan's Data Protection Policy. (This can be found on Titan's website)
25. Both parties agree and intend that this legal relationship is one of Contractor and independent Subcontractor and specifically is not a relationship of master and servant or employer and employee.
26. The Subcontractor agrees that the Contractor may deduct 1.25% from the contract price in respect of the Contractor’s contribution to the Construction Industry Training Board levy.
27. This Contract is governed by the laws of England, Wales, Scotland, or Northern Ireland, as appropriate.
28. In the event of any dispute arising from this Contract, an independent solicitor or accountant will be appointed to arbitrate in the first instance.