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Fencing Subcontract Agreement

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FENCING SUBCONTRACT AGREEMENT

This Fencing Subcontract Agreement ("Agreement") is made effective as of by and between Prime Contractor: whose principal place of business is , and Subcontractor: whose principal place of business is .

RECITALS

WHEREAS, Contractor has entered into a prime contract for the construction of the project known as located at (the "Project"); and

WHEREAS, Contractor desires to retain Subcontractor to furnish labor, materials, tools and equipment and to perform all work necessary for the fencing work described herein in accordance with the terms and conditions of this Agreement; and

WHEREAS, Subcontractor represents that it has the experience, skill, personnel, equipment and licenses necessary to perform such work.

NOW, THEREFORE

In consideration of the mutual covenants set forth herein, Contractor and Subcontractor agree as follows:

1. SCOPE OF WORK

Subcontractor shall furnish all labor, materials, equipment, tools, transportation and supervision necessary to perform fencing work as described in the plans and specifications provided by Contractor and as further described below (the "Work"). Subcontractor's Work includes, without limitation, site layout, excavation for posts, setting posts, installing rails, panels, gates, hardware, concrete footings where required, backfilling, cleanup and protection of existing improvements.

2. CONTRACT PRICE AND PAYMENT

Contractor shall pay Subcontractor for the performance of the Work the total sum of (the "Contract Sum"), subject to additions and deductions for changes authorized in writing by Contractor.

Unless otherwise agreed in writing, payments shall be made within days of Contractor's receipt of Subcontractor's invoice and evidence of completion of the applicable Work. Contractor may withhold retainage of % until final acceptance.

3. TIME OF PERFORMANCE

Subcontractor shall commence the Work on or before and shall achieve substantial completion by . Time is of the essence. Subcontractor shall provide a proposed schedule to Contractor within days of the effective date.

4. CHANGES / CHANGE ORDERS

All changes to the Work, including changes to the Contract Sum or Time of Performance, must be made by written change order signed by Contractor and accepted in writing by Subcontractor. No claim for extra compensation or extension of time shall be valid unless submitted in writing within days after occurrence of the event giving rise to the claim.

5. SUBCONTRACTOR REPRESENTATIONS AND WARRANTIES

Subcontractor represents and warrants that it is experienced in the type of work to be performed, is duly licensed and qualified under applicable law to perform the Work, and that all Work will be performed in a good and workmanlike manner, in accordance with the Contract Documents and industry standards.

Subcontractor warrants its labor and materials for a period of months from final acceptance, during which Subcontractor shall correct, at its expense, defects in workmanship or materials.

6. INSURANCE AND INDEMNITY

Subcontractor shall maintain, at its sole cost and expense, insurance coverages customary for similar work, including Commercial General Liability with limits not less than per occurrence and Workers' Compensation as required by law. Before commencing Work, Subcontractor shall furnish certificates of insurance naming Contractor as an additional insured with respect to liability arising out of Subcontractor's operations.

Subcontractor shall indemnify, defend and hold harmless Contractor, Owner and their agents and employees from and against all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from the performance of the Work to the extent caused by the negligent acts or omissions, willful misconduct or breach of contract by Subcontractor, its employees, subcontractors or agents.

7. SAFETY; SITE CONDITIONS

Subcontractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with performance of the Work and shall comply with all applicable laws, regulations and site safety rules established by Contractor. Subcontractor shall immediately report all accidents to Contractor.

8. MATERIALS AND WORKMANSHIP

Materials supplied by Subcontractor shall be new and of merchantable quality unless otherwise specified. Subcontractor shall be responsible for storage, protection and safe handling of materials on site. Subcontractor shall remove debris and surplus materials daily and upon completion leave the premises broom clean.

9. INSPECTION AND ACCEPTANCE

Contractor shall have the right to inspect the Work at all times. If any Work is defective or fails to conform to the requirements of the Agreement, Contractor may require Subcontractor to correct such Work at Subcontractor's expense. If Subcontractor fails to promptly correct defective Work, Contractor may correct it and charge Subcontractor for the cost of correction.

10. TAXES, PERMITS AND LICENSES

Subcontractor shall pay all taxes, fees and assessments related to its performance of the Work and shall obtain and pay for all required permits, licenses and inspections. Subcontractor shall furnish receipts or other evidence of payment upon request.

11. LIENS AND WAIVERS

Subcontractor shall keep the Project free from liens arising from Subcontractor's performance. As a condition precedent to final payment, Subcontractor shall deliver unconditional lien waivers from Subcontractor and its lower-tier subcontractors and suppliers evidencing release of all claims for which payment has been received.

12. TERMINATION

Contractor may, by written notice, terminate this Agreement for cause if Subcontractor fails to cure a material breach within seven (7) days after written notice, or immediately for persistent failure to perform or for safety violations. In the event of termination for cause, Contractor may complete the Work and Subcontractor shall be liable for any excess cost incurred by Contractor to complete the Work.

13. DEFAULT; REMEDIES

Upon Subcontractor's default, Contractor may suspend Subcontractor's performance, procure substitute performance, withhold payments, or pursue any remedies available at law or in equity. No single remedy shall be exclusive and Contractor's exercise of one remedy shall not preclude the exercise of others.

Liquidated damages for failure to achieve completion by the Completion Date shall be per day, which the parties agree is a reasonable estimate of actual damages.

14. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered by hand, certified mail (return receipt requested), or nationally recognized courier to the addresses set forth below or to such other address as a party may designate by written notice.

15. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be binding unless in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

16. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state where the Project is located. This Agreement, together with incorporated documents and any executed change orders, constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations and agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. MISCELLANEOUS

Subcontractor shall not assign this Agreement or subcontract the whole of the Work without Contractor's prior written consent. Subcontractor remains responsible for the acts and omissions of its lower-tier subcontractors. Subcontractor shall ensure that such subcontractors are bound by obligations no less restrictive than those contained herein.

Prime Contractor:

By:

Date:

Subcontractor:

By:

Date:

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What the Fencing Subcontract Agreement Is

A Fencing Subcontract Agreement is a written contract that defines the relationship between a general contractor or prime contractor and a subcontractor hired to perform fencing work. It sets the scope of work, materials, schedule, price or payment schedule, insurance and bonding requirements, change-order processes, site access rules, warranties, and dispute-resolution procedures. The agreement allocates risk, clarifies deliverables and inspection criteria, and establishes who is responsible for permits, cleanup, and lien releases. Properly drafted, it helps avoid misunderstandings and supports enforcement if disputes arise.

Why a Clear Subcontract Protects Both Parties

A tailored Fencing Subcontract Agreement reduces project risk by documenting responsibilities, timelines, and payment terms. It preserves rights to indemnity and insurance recovery, supports compliance with licensing and permit rules, and creates an evidence trail useful for claims or payment disputes.

Why a Clear Subcontract Protects Both Parties

Who Typically Completes a Fencing Subcontract Agreement

The agreement is completed by contractors, subcontractors, project managers, and contract administrators involved in site-based fencing projects.

  • General contractors and construction managers overseeing fence installation and site coordination.
  • Specialty fencing subcontractors providing labor, materials, and warranty commitments.
  • Owners, property managers, or procurement officers requesting contractual protections and performance guarantees.

Each signer should confirm role authority and license status before signing to ensure the agreement is binding and enforceable.

Essential Clauses to Include

A professional Fencing Subcontract Agreement organizes terms into clear clauses so both parties understand obligations and remedies.

Scope of Work

Describe fence type, materials, dimensions, post and footing details, gates, hardware, and finishing. Attach drawings or specifications as exhibits to avoid ambiguity and disputes over deliverables.

Schedule

Specify start and completion dates, milestone inspections, liquidated damages or delay remedies, and procedures for extensions due to weather, permit delays, or owner changes.

Payment Terms

State contract price, progress-payment schedule, retainage percentage, invoicing requirements, subcontractor lien waiver timing, and consequences of late payment.

Insurance and Bonds

Require commercial general liability, workers' compensation, and automobile coverage. Specify minimum limits, additional insured endorsements, and any performance or payment bond requirements.

Change Orders

Describe how changes are priced and authorized, who signs change orders, and how schedule impacts are handled to prevent unauthorized work or payment disagreements.

Warranties and Remedies

Define workmanship and material warranty periods, warranty claim procedures, correction timelines, and whether warranties survive final payment and project closeout.

Key Administrative Details to Record

Party Names: Full legal names
License Numbers: State contractor license
Project Address: Job site location
Scope Reference: Plans or exhibits
Insurance Limits: Coverage amounts
Payment Schedule: Milestones and retainage

Step-by-Step: Completing the Agreement

Follow this sequence to prepare, review, and finalize the subcontract with minimal disruption to the project schedule.

  • 01
    Gather Documents: Collect plans, permits, licenses, and insurance certificates before drafting.
  • 02
    Draft Scope: Attach detailed exhibit with measurements and material specs.
  • 03
    Set Payments: Define milestones, retainage, and invoicing procedures.
  • 04
    Execute: All authorized parties sign and date the final version.

Configuring a Digital Approval Workflow

When using an electronic platform, set fields and signer order to reflect how the contract must be approved and returned.

Field Configuration
Signature Field Require full name, title, date; set signer role and required status.
Initials Field Place at each clause needing acknowledgment; make optional only if allowed by internal policy.
Attachment Field Require upload for insurance COI and license prior to final signing.
Signer Order Set general contractor first, subcontractor second, then owner if necessary.

Sharing and Signing Options for the Agreement

The agreement can be shared by email, secure link, or an integrated project-management tool; choose a method that preserves an audit trail.

  • Email Link: Sends signer-specific link
  • Integration: Connects to PM or CRM
  • In-Person: Use tablet or kiosk mode

Ensure the chosen method supports identity verification, audit trails, and format retention (PDF); integrations with systems like Procore or NetSuite simplify recordkeeping and reduce rekeying errors.

Typical Electronic Signing Flow

A standard e-signing flow collects signatures, verifies identity where required, and stores signed copies with an audit record.

  • Upload Document: Sender uploads final subcontract PDF or DOCX.
  • Place Fields: Add signature, date, and attachment fields for COIs and permits.
  • Invite Signers: Send by email or generate a secure link to appropriate signers.
  • Complete Signing: Signers verify and sign; system records IP and timestamps.

Timing Considerations and Deadlines

Certain dates and deadlines in the subcontract drive payments, warranty starts, and notice periods—track them closely to avoid disputes.

Effective Date:

Start of obligations and warranty periods; use MM/DD/YYYY.

Milestone Dates:

Set clear milestone completion and inspection windows.

Payment Due Dates:

Define Net terms for each invoice; late penalties if applicable.

Warranty Start:

Often begins on final acceptance or substantial completion.

Notice Periods:

Specify days for defect notices and cure periods to trigger remedies.

Common Preparation Mistakes to Avoid

  • Vague scope language that omits material details, enabling downstream disputes over included materials or work extent.
  • Failure to confirm subcontractor license or insurance limits, exposing the contractor or owner to liability and possible stop-work orders.
  • Not tying payment releases to required lien waivers and final acceptance, which can leave the owner exposed to subcontractor claims.
  • Omitting change-order procedures and authority, leading to unauthorized work, invoice disputes, and schedule disruption.

Legal and Financial Risks

Liens: Late waivers risk mechanic's liens.
Payment Delays: Cashflow interruption and contractor claims.
Insurance Gaps: Uninsured losses shift to owner or GC.
License Violations: Penalties, stop-work, or contract unenforceability.
Scope Disputes: Costly change-order litigation.
Data Retention: Failing to retain records hinders claims defense.

Supporting Documents and Export Options

Common attachments and file formats ensure the subcontract is comprehensive and easy to archive or share across systems.

Supporting Documents

Attach permits, plans, COIs, bonds, and survey exhibits. Label each exhibit clearly and reference them in the subcontract to avoid scope confusion during performance reviews.

Export Formats

Save executed copies as PDF/A for long-term archiving; maintain editable DOCX originals when future amendments are expected to preserve field structure and change history.

Delivery Receipts

Record proof of delivery, signed inspection reports, and completed punch lists to support final payment and warranty start dates.

System Integrations

Synchronize signed documents with construction management or ERP systems to automate retention and payment triggers while reducing manual data entry.

Real-World Usage Examples

These short case arcs illustrate how parties applied a Fencing Subcontract Agreement in practice.

Optica Ventures

A regional builder used a detailed scope exhibit to avoid disputes over post spacing and material grade.

  • Resulting narrow dispute was resolved quickly with reference to the exhibit.
  • The clear exhibit and milestone-linked payments reduced claim exposure and kept project cashflow predictable.

Martin Properties

A property manager required COIs and additional insured endorsements before site access.

  • The subcontract withheld final payment until COIs were verified.
  • This prevented an uninsured loss and ensured the fencing subcontractor complied with corporate risk standards.

eSignature Vendor Comparison for Executing This Agreement

A concise vendor comparison showing starting prices and key capabilities useful when selecting an electronic signing provider for the subcontract.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions

Answers to common questions about execution, enforceability, and practical issues when using a Fencing Subcontract Agreement.


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