What do you need to arrange as a subcontractor?

As a subcontractor, you carry out part of the work commissioned by the main contractor — and that is precisely why it is crucial to carefully review the agreement, as it is often drafted to your disadvantage. In addition to strong agreements, you need the right insurance, and if you engage personnel, you bear responsibility for safety on the construction site. Below, you can read everything you need to arrange as a subcontractor.

Pay close attention to the agreement with the main contractor

As a subcontractor, you make agreements with the main contractor regarding the work to be performed, the remuneration, and the schedule. Review that agreement thoroughly — or have a lawyer do so. Such contracts are often disadvantageous for subcontractors, especially if the main contractor drafts them. A common point:

The main contractor often excludes his liability in the agreement or the general terms and conditions , while he is in fact ultimately responsible towards the client

Therefore, ensure that you are well aware of the risks you bear, and negotiate a fair distribution of liability where necessary.

Insurance for subcontractors

The right insurance is indispensable. Consider in particular CAR) insurance , which covers damage during the construction process and offers protection against unforeseen events such as theft, fire, and water damage. Sometimes you can piggyback on the main contractor's insurance; if so, make clear agreements regarding this.

Contracts with your own subcontractors

If you engage subcontractors yourself, you must also arrange the appropriate agreements with them. This is challenging, as the content is partly determined by your own agreement with the main contractor (and their agreement with the client). Ensure that responsibilities throughout the entire chain are clearly defined so that you do not fall between the cracks. A subcontracting agreement helps with this.

Safety and liability as an employer

If you employ staff, you are the employer and responsible for safety on the construction site. You must ensure that your people can work safely. If you fail to do so, you risk a hefty fine. Furthermore, as an employer, you are generally liable for personal injury sustained by your staff — you can also insure yourself against this. TODO_VERIFY: the exact occupational health and safety and liability obligations and fine amounts may change — have this assessed on a case-by-case basis.

Frequently Asked Questions

Why do I need to have my subcontracting agreement checked?

Because such contracts are often to the disadvantage of the subcontractor, for example because the main contractor excludes their liability. A check prevents you from unknowingly bearing significant risks.

What insurance do I need as a subcontractor?

CAR insurance is generally indispensable. Sometimes you may be co-insured under the main contractor's policy; make clear arrangements regarding this.

Am I liable for the safety of my staff?

Yes. As an employer, you are responsible for a safe workplace and are generally liable for personal injury to your staff. Non-compliance can lead to heavy fines.

What if I hire subcontractors myself?

In that case, you also need binding agreements with them, aligned with your contract with the main contractor, so that responsibilities in the chain are clear.

Need help with your subcontracting agreements?

Drafting and reviewing agreements and providing advice on insurance is a specialty of MKB Juristen. We specialize in contracting work and also assist you with damage claims, for example following an accident on the construction site.

View our subcontracting agreement or schedule a no-obligation intake meeting.