Fixed Fee Sub-Contractor Agreement
This Fixed Fee Sub-Contractor Agreement is designed for use by a main
contractor wishing to take on independent trades-people working for a fixed
fee on a self-employed basis.
This document includes a data protection clause but if the sub-contractor
will be carrying out any data processing for the main contractor, you might
wish to add the standard data processing clause which you can find
In this template agreement, the appointment of the sub-contractor is
non-exclusive. The work order is at his discretion. He is free to engage
the services of others at his own expense. Faulty work must be put right at
his expense. Equipment must be provided by him. Payment is to be made on
completion of work.
The drafting of this agreement aims to reduce the risk that the individual
sub-contractor might be deemed a de-facto employee of the main contractor
rather than a sole trader working on a self-employed basis as a
sub-contractor, but whether in law he is self-employed rather than an
employee will depend on all of the circumstances (not just on the terms of
this sub-contract agreement).
If the individual subcontractor is deemed to be an employee, he will be
subject to different levels of tax and National Insurance Contributions.
Furthermore, the payment of income tax and National Insurance will be the
responsibility of the main contractor that hired the sub-contractor.
Further guidance on tax and employment status of individuals who act as
sub-contractors can be found in the
relating to Self-employment and IR35, but we nevertheless recommend that
you take professional legal and tax advice before using this form of
This form of agreement is written from the perspective of a company as the
main contractor. The main contractor does not have to be a company and any
references to this can be changed without altering the meaning or purpose
of the document.
This Fixed Fee Subcontractor Agreement contains the following clauses:
1. Engagement of the Sub-Contractor
2. Indemnity and Liability
3. Provision of Equipment and Protective Clothing
4. Status of the Sub-Contractor
6. Non-Competition and Non-Solicitation
8. Data Protection
10. Force Majeure
13. Governing Law and Jurisdiction
[and Schedule - Privacy Notice]
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
When you click on the “Download Document” button below you will be asked
what you want to do with the file. It is recommended that you Save the
document to a location of your choice prior to viewing.