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Fence Subcontract Agreement

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FENCE SUBCONTRACT AGREEMENT

This Fence Subcontract Agreement (the Agreement) is made and entered into as of by and between Contractor Name: whose principal business address is (Contractor), and Subcontractor Name: whose principal business address is (Subcontractor).

RECITALS

WHEREAS, Contractor has entered into a prime contract with Owner for certain fencing work at the project located at (Project); and

WHEREAS, Contractor desires to engage Subcontractor to furnish labor, materials and services necessary to perform the fencing work described herein and Subcontractor is willing to perform such work in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. SCOPE OF WORK

Subcontractor shall furnish all labor, materials, equipment, supervision, permits and services necessary to perform and complete the fence work described in the Contract Documents and as further described in the attached Schedule A: Work Description. Subcontractor shall perform the Work in a good and workmanlike manner in strict accordance with the Contract Documents and applicable codes, laws and industry standards.

2. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE

The Contract Documents consist of this Agreement, the prime contract between Contractor and Owner (as applicable), plans, specifications, drawings, addenda, and written change orders. In the event of a conflict among documents, the order of precedence shall be: (1) applicable addenda and change orders; (2) this Agreement; (3) written specifications and drawings; (4) other subcontract documents.

3. TIME OF PERFORMANCE

Subcontractor shall commence the Work on or before and shall achieve substantial completion on or before , subject to adjustments for excusable delays as provided in this Agreement.

4. CONTRACT PRICE; PAYMENT

Contractor agrees to pay Subcontractor for performance of the Work the total sum of $ (Contract Sum), subject to additions and deductions for approved change orders.

Payment shall be made in accordance with the following schedule: . Contractor may withhold retainage of of progress payments in accordance with the prime contract.

Subcontractor shall submit invoices in the form required by Contractor containing sufficient detail to identify work performed. Payment will be due within days after Contractor's receipt of a proper invoice, subject to applicable setoffs, backcharges, and mental defects.

5. CHANGES; CHANGE ORDERS

No change in the Work shall be performed by Subcontractor except pursuant to a written change order executed by Contractor. Subcontractor shall provide timely proposals for changes when requested. Changes in the Contract Sum shall be based on agreed lump sum, unit price, or time-and-materials with substantiating documentation.

6. SUBCONTRACTOR OBLIGATIONS

Subcontractor warrants that it is experienced and qualified to perform the Work, holds all licenses required by law (License No.: ), and shall comply with all federal, state and local laws, codes and regulations. Subcontractor shall supervise the Work, provide competent workers, and perform all punch list and warranty obligations at its own expense.

7. MATERIALS AND EQUIPMENT

Unless otherwise agreed in writing, Subcontractor shall furnish and pay for materials, tools, equipment and transportation necessary to perform the Work. Materials shall be new and of good quality and shall conform to specifications. Subcontractor shall be responsible for protection of materials on site.

8. INSURANCE; INDEMNITY

Subcontractor shall maintain insurance coverages including commercial general liability, automobile liability, workers' compensation, and employer's liability with minimum limits of:

Subcontractor shall indemnify, defend, and hold harmless Contractor, Owner and their agents from and against all claims, damages, liabilities, losses and expenses arising out of the performance of the Work, except to the extent caused by Contractor's negligence or willful misconduct.

9. LIENS; PAYMENT TO SUBCONTRACTOR

Subcontractor shall promptly pay its subcontractors, suppliers and laborers and shall keep the Project free from mechanic's or construction liens. Prior to final payment, Subcontractor shall provide lien waivers or other documents evidencing payment to subcontractors and suppliers as required by Contractor.

10. INSPECTION; ACCEPTANCE

Contractor and Owner, or their authorized representatives, shall have the right to inspect the Work at all reasonable times. If the Work is not in accordance with the Contract Documents, Subcontractor shall, at its expense, promptly correct such nonconforming work.

11. WARRANTY

Subcontractor warrants to Contractor that the Work shall be free from defects in workmanship and materials for a period of from the date of substantial completion. Subcontractor's obligations under this warranty shall include repair or replacement at Subcontractor's expense.

12. TERMINATION

Contractor may terminate this Agreement for cause if Subcontractor fails to correct defective work or otherwise breaches this Agreement and fails to cure within days after written notice. Contractor may also terminate for convenience upon written notice; in that event Subcontractor shall be entitled to payment for work performed and reasonable demobilization costs, subject to offsets.

13. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, storms, labor disputes, epidemics, governmental actions, or other force majeure events. The time for performance shall be extended for the period of delay.

14. DISPUTE RESOLUTION

The parties shall first attempt to resolve disputes by good faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to mediation. If mediation fails, disputes shall be resolved by binding arbitration administered in accordance with the parties' agreement, and judgment upon the award may be entered in any court of competent jurisdiction.

15. NOTICES

All notices required or permitted hereunder shall be in writing and shall be delivered by hand, certified mail, or overnight courier to the addresses below or to such other address as either party may designate by written notice.

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of laws principles.

17. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with the Contract Documents referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Agreement shall be effective unless in writing signed by both parties. A waiver by either party of any breach shall not operate as a waiver of any subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original.

19. MISCELLANEOUS PROVISIONS

Subcontractor shall cooperate with Contractor with respect to coordination, scheduling, and any required testing or inspections. Subcontractor shall maintain accurate records of labor, materials and equipment and shall allow Contractor reasonable access to such records.

SIGNATURES

Contractor

Printed Name:

By:

Date:

Subcontractor

Printed Name:

By:

Date:

Enter text✕

What a Fence Subcontract Agreement Covers

A Fence Subcontract Agreement is a written contract between a prime contractor or property owner and a subcontractor that specifies the scope, standards, schedule, payment, and responsibilities for fencing work. Typical provisions include a clear description of the fence materials and installation method, start and completion dates, progress payment schedule, change-order procedures, insurance and bonding requirements, warranties, lien waiver language, and dispute resolution. The document allocates risk and establishes administrative processes for inspections, permits, and final acceptance, and it forms the basis for enforcement or remedies if performance or payment issues arise.

Why a Formal Fence Subcontract Agreement Matters

A precise subcontract reduces disputes, clarifies payment and schedule expectations, protects against lien and insurance gaps, and documents change orders and warranties. Executed electronically on an eSignature platform can speed execution while preserving an audit trail and legal enforceability under ESIGN and state e-signature laws.

Why a Formal Fence Subcontract Agreement Matters

Who Typically Prepares and Signs This Agreement

The Fence Subcontract Agreement is used across construction project roles; responsibilities vary by role and project size.

  • General contractor: Prepares contract boilerplate, allocates scope and payment, coordinates permits and inspections.
  • Subcontractor: Confirms scope, provides proof of insurance and bonds, accepts payment terms and schedules.
  • Project owner / property manager: Requires copies for records, verifies insurance and final acceptance.

Keep executed copies with project records and accounting files so all parties can reference terms through project closeout.

Essential Clauses to Include

A professional Fence Subcontract Agreement should include clear, enforceable clauses covering performance, payment, and protection.

Scope of Work

Precise material specifications, installation methods, measurements, and drawings. Tie scope to project plans to avoid ambiguity and disputes.

Schedule

Start and completion dates, milestones, weather or permit-related delays, and liquidated damages or incentives where applicable.

Payment Terms

Total contract price, progress payment schedule, retainage, invoicing requirements, and remedies for late payment.

Change Orders

Written change-order process with authorization, pricing formula, and adjusted schedule to control scope changes and cost disputes.

Insurance & Bonds

Required liability insurance limits, certificates of insurance, performance or payment bond requirements, and indemnity obligations.

Warranties & Acceptance

Express workmanship and materials warranties, inspection process, punch-list correction timeline, and final acceptance criteria.

Step-by-Step: Completing the Agreement

Follow these steps in order to reduce errors and speed approval.

  • 01
    Review: Confirm plans, allowances, and insurance requirements before editing.
  • 02
    Populate Fields: Enter names, dates, price, and scope with precise formatting.
  • 03
    Attach Docs: Add COIs, licenses, and drawings as exhibits to the agreement.
  • 04
    Execute: Sign in proper order and distribute executed copies to accounting and project files.

How to Configure an Online Signing Workflow

Set up fields, signer order, and authentication before sending to avoid rework.

Field | Configuration Field Name | Action or setting
Template Name Save as standard subcontract template for reuse
Signature Order Set prime first, subcontractor second, accounting last
Authentication Use email or SMS code for contractor and subcontractor
Conditional Fields Show insurance fields only when subcontractor selects 'insured'

Where to Send and Store the Executed Agreement

Distribution and filing depend on project and company procedures.

  • General Contractor: Send an executed copy to the GC for scheduling and payroll.
  • Subcontractor Records: Subcontractor retains originals for warranty and invoicing.
  • Accounting: Forward signed agreement to accounts payable for invoicing triggers.
  • Project File: Store the final signed PDF in the project document repository.

Digital Delivery and Integration Considerations

Choose a platform that supports your file types, integrations, and signer authentication options.

  • File Formats: PDF and DOCX are standard for executed records
  • Integrations: Link with Procore, NetSuite, or Google Workspace for recordkeeping
  • Authentication: Email link, SMS code, or stronger verification available

Confirm the platform preserves an audit trail, supports conditional fields for change orders, and stores a tamper-evident PDF for long-term retention.

Common Timing Elements and Deadlines

Track key dates to protect payment rights and meet contractual obligations.

Notice to Proceed Deadline:

Start work by the date specified after NTP is issued.

Mobilization and Start:

Begin site mobilization within the agreed mobilization window.

Progress Payment Dates:

Submit invoices on scheduled progress payment dates per contract.

Substantial Completion:

Document the date for warranty and punch-list start.

Final Payment Trigger:

Final acceptance and lien waiver typically trigger final payment.

Project Milestones from Agreement to Closeout

Use a milestone timeline to coordinate inspections, payments, and acceptance.

01

Contract Award

Agreement execution and NTP issuance begin the contract lifecycle.

02

Site Mobilization

Equipment arrival and initial installations commence work on the property.

03

Inspections

Coordinate scheduled inspections for code compliance and acceptance.

04

Final Acceptance

Complete punch-list, obtain required waivers, and certify final payment.

Common Mistakes to Avoid

  • Using vague scope language such as 'install fence' without material types, heights, or drawings leads to disputes and unexpected costs.
  • Failing to require current certificates of insurance and naming the GC as additional insured can void coverage for project claims.
  • Omitting a clear change-order procedure creates arguments over who authorized extra work and how to price it.
  • Not including specific payment triggers and retainage percentages delays payments and complicates lien waiver timing.

Penalties and Practical Risks

Payment Delay: Stop-work or litigation
Lien Exposure: Recorded mechanic's liens
Contract Termination: Loss of future work
Insurance Gap: Uncovered third-party claims
Regulatory Fines: Permit violations
Warranty Claims: Costly remediation

eSignature Vendor Pricing Snapshot

Compare common eSignature features and starting prices. signNow appears first to show a competitive starting price and core compliance capabilities.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Electronic Agreement Use

Organizations across sectors use e-signature workflows to finalize construction subcontracts and related documents.

Martin Properties — Founder

Tim Martin found online execution streamlined operations and reduced in-person steps

  • Project teams signed on mobile during site visits
  • His team reported consistent compliance and faster turnaround for contract execution across multiple properties.

Optica Ventures — COO

Brian Fitzgibbons emphasized ease of use for internal teams and clients

  • Templates reduced repetitive data entry and errors
  • The company centralized signed agreements for accounting and project records, improving retrieval and audit readiness.

Frequently Asked Questions and Practical Answers

Answers to common legal, execution, and storage questions about Fence Subcontract Agreements and electronic signatures.


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