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Drafting subcontractingagreementa

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How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

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Free intake

We discuss your company, the purpose of the document, and the key risks.

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Draft or check

We draft a custom document or review your existing document legally.

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Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

In the case of subcontracting, the agreement with the subcontractor must align with the main contractor's obligations towards the client. Otherwise, the main contractor remains liable, while having insufficient internal recourse against the subcontractor

  • For main contractors, subcontractors, construction companies, installers, and project parties
  • Attention to scope, planning, price, additional work, safety, and delivery
  • Main agreement, pass-through, liability, insurance, and chain risk arranged
  • Practically usable in construction, installation, finishing, engineering, and project work

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Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in subcontracting agreements

Our lawyers and in-house counsel assist main contractors, subcontractors, construction companies, installers, finishing contractors, and project parties with subcontracting agreements, construction contracts, general terms and conditions, disputes regarding additional work, and project risks. We examine scope, the main agreement, pass-through, pricing, scheduling, additional work, safety, payment, completion, warranty, and liability.

Custom solutions for your subcontracting

Subcontracting in construction, installation, finishing, engineering, maintenance, or project services does not require the same agreements. Therefore, we align the agreement with the main agreement, project, schedule, technical documents, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, IT law, contract law, and employment law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in subcontracting agreements

Our lawyers and in-house counsel assist main contractors, subcontractors, construction companies, installers, finishing contractors, and project parties with subcontracting agreements, construction contracts, general terms and conditions, disputes regarding additional work, and project risks. We examine scope, the main agreement, pass-through, pricing, scheduling, additional work, safety, payment, completion, warranty, and liability.

Custom solutions for your subcontracting

Subcontracting in construction, installation, finishing, engineering, maintenance, or project services does not require the same agreements. Therefore, we align the agreement with the main agreement, project, schedule, technical documents, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, IT law, contract law, and employment law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible

Reviews (21)

Sebastian

The expertise was immediately evident from the first contact. The speed with which complex legislative changes were integrated into our document was excellent. Our clients are responding positively to the clear general terms and conditions.

Inge

We quickly received the right guidance in a legal landscape unfamiliar to us. Throughout the process, we were constantly kept well informed of the progress. The final result aligns 100% with our high standards.

Naomi

Professional approach without unnecessarily complicated language. We received a clear explanation of the risks. The quality fully met our expectations.

Mick

No time was wasted on unnecessary formalities. The continuous thinking from the entrepreneur's perspective was a breath of fresh air. Everything was delivered neatly and on time.

Anas

The intake felt like a genuine consultation rather than a sales pitch. The agreements were properly honored. The service was professional and personal.

Danique

We quickly gained insight into the key risks. The lawyer effectively translated our situation into the document. The service was professional and personal.

Joris

We needed tailored legal advice quickly and received excellent assistance. The sharpness in the negotiations with our opposing counsel was impressive. The quality fully met our expectations.

Petra

The working method was clear from the start. The expertise regarding e-commerce legislation was clearly the added value in this process. The service was professional and personal.

Adil

It was immediately clear which steps we needed to follow. It was very pleasant that we could review the drafts digitally and quickly. Our customers are responding positively to the clear general terms and conditions.

Ziad

We immediately got the right expert on the line for our specific problem. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. The service was professional and personal.

Wilco

The friendly approach immediately put us at ease. We received not only a document, but also a corresponding manual for its use. The document was flawlessly accepted by our investors.

Peter

The speed with which our first email was responded to was impressive. The revision round also went smoothly. The quality fully met our expectations.

Lotte

It felt good to be able to hand over the legal concerns immediately. We were able to easily add comments to the draft using a convenient system. Our business partners were impressed by the professionalism of the contracts.

Omar

Right from the intake, it was clear that we were dealing with specialists. They pointed out tax risks in the contract that we hadn't considered at all. A party that delivers on what it promises on its website.

Mats

I had not expected legal assistance could be so accessible. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. Our clients are responding positively to the clear terms and conditions.

Rianne

My request via the website was picked up incredibly quickly. The flexibility to add an extra clause at the last minute was greatly appreciated. Fantastic value for money for this level of expertise.

Jan

Received pleasant assistance from the first contact. The fixed price upfront instilled confidence. Everything was delivered neatly and on time.

Finn

The personal touch during the initial meeting was a major plus. The revisions were spot-on every time and required virtually no correction on our part. A company that delivers on what it promises on its website.

Houda

We quickly received the right guidance in a legal landscape unfamiliar to us. Our questions were answered calmly and clearly. The quality fully met our expectations.

Yasmina

The energetic and positive attitude of the employees was immediately noticeable. The sharp review of the lease agreement protected us from unfavorable clauses. Our business partners were impressed by the professionalism of the contracts.

Amani

They really thought along with our situation. The contact was approachable and professional. A reliable partner that strives for perfection in their documents.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

A number of choices determine the concrete form of the agreement. Review these questions in advance.

Choice or question Why this matters legally
Fixed price or cost-plus? With a fixed price contract, the subcontractor bears the price risk; with cost-plus, you pay based on actual hours worked and materials used. This influences the determination of prices and additional work.
Do the main contract terms continue to apply? It is advisable to pass on the obligations from the main contract as much as possible (back-to-back), so that you do not enter into obligations that you cannot recover from the subcontractor.
Does chain liability apply? When hiring or subcontracting personnel, you may be liable for payroll taxes and VAT. A G-account or indemnification limits that risk.
Which warranty and penalty clauses? Align warranty periods and any delay penalties with what you yourself promised to your client.
How is it delivered? Specify whether delivery is accompanied by an official report and outstanding points, and when the risk and payment obligation transfer.
Clauses and provisions

Which elements belong in a subcontracting agreement?

Below are the elements that belong in virtually every subcontracting agreement. For each element, you will see when it is relevant and why it is important.

Provision Relevant to Legal point of attention
Description of the work Always A precise delineation of the work to be performed, with reference to tender documents, drawings, or specifications, prevents discussion regarding the scope.
Price and payment Always Fixed price or cost-plus, payment terms, any installment invoicing, and the consequences of late payment.
Planning and delivery Always Start and completion dates, installments and the consequences of delay, possibly with a penalty clause.
Additional and reduced work Often Document how changes are ordered, priced, and confirmed in writing to prevent subsequent disputes.
Liability and indemnification Always Allocation of liability between the main contractor and the subcontractor and any indemnification for damage to third parties.
Warranty and defects Often Warranty periods, the method for reporting and repairing defects, aligned with the warranty towards the main client.
Insurance Often Obligation to have adequate liability or CAR insurance and proof thereof.
Applicable terms and conditions Sometimes Which general terms and conditions apply and how conflicting provisions (e.g., UAV) are handled.
Use in practice

How do you use this document correctly?

With these steps, you correctly implement the agreement and prevent arrangements from remaining unclear.

Situation What should you do? Point of attention
Before the start Record the work description, price, and schedule in writing and have both parties sign it. Oral agreements are difficult to prove and lead to disputes regarding the assignment.
In case of changes Always confirm additional or reduced work in writing before it is carried out. This way, you avoid unpaid additional work or disputed costs afterwards.
Upon delivery Create a handover document with any remaining points and remediation deadlines. This marks the moment of risk transfer and the commencement of warranty periods.
Upon completion Retain the agreement, invoices, and correspondence for the duration of the warranty period. In the event of a dispute regarding defects or payment, you can thus substantiate your position.
Common mistakes

Common mistakes

The following errors frequently occur in practice. Keep them in mind to avoid problems.

Wrong Consequence Better approach
No back-to-back alignment with the main contract You are bound by obligations that you cannot recover from the subcontractor. Explicitly pass on the relevant obligations from the main contract to the subcontractor.
Job description too vague Discussion regarding what is and is not covered by the assignment and unpaid overtime. Refer to concrete drawings, specifications, or tender documents and delineate the scope of the work.
No written procedure for additional work Additional work performed is disputed or not paid. Agree that additional work will be ordered and priced in writing in advance.
Chain liability ignored Liability for unpaid payroll taxes and VAT of the subcontractor. Work with a G-account, request declarations, and record indemnities.
Liability not settled Uncertainty and disputes regarding who bears the damage. Explicitly divide liability and require adequate insurance.
Risk profile

What is your situation and what do you pay attention to?

Depending on your role and the type of work, the points of attention vary. Recognize your situation.

Risk profile Example Focus in the document
You are the main contractor You outsource part of the contracted work. Pass on obligations back-to-back and ensure quality, planning, and liability.
You are a subcontractor You accept work from a main contractor. Ensure a workable scope, realistic planning, and certainty of payment.
Hiring of personnel The subcontractor deploys its own personnel on your project. Limit chain liability via G-account, declarations, and indemnification.
Large or long-term projects Work spans multiple terms or phases. Rules regarding installment invoicing, interim deliveries, and clear consequences of delay.
Additional documents

When is this document not enough?

Sometimes a subcontracting agreement is not suitable or an additional document is required. In these cases, it is better to look at a related document.

Situation Supplementary document Why
Situation Related document Explanation
You collaborate structurally and on an equal footing Cooperation Agreement For an ongoing collaboration without a clear main contractor/subcontractor relationship, a collaboration agreement is more appropriate.
You exchange confidential information Confidentiality Agreement If you wish to protect business data or know-how before collaborating, establish a confidentiality agreement first.
An invoice remains unpaid Debt collection If the other party fails to pay, debt collection helps to recover your outstanding debt.
Explanation of this document

Drafting a subcontracting agreement, why?

Not every entrepreneur knows exactly what subcontracting agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal frameworks are important.

What is a subcontracting agreement?
A subcontracting agreement is an agreement whereby a main contractor outsources part of the work for which it has itself been commissioned to a subcontractor. The main contractor remains fully responsible to the client for the execution of the entire contract; the subcontractor is liable to the main contractor for the quality of its partial performance. Subcontracting agreements are concluded in the construction sector — the most classic context for subcontracting — but also in IT, services, industry, and transport and logistics. In construction, the UAV 2012 or the UAV-GC 2005 apply if the main agreement is based on those terms. Our lawyers will draft a subcontracting agreement for you that correctly describes the division of tasks, clearly allocates liability for defects, correctly applies the chain clause, and regulates payment in the event of non-performance by the client.
How do you handle the chain clause in the subcontracting agreement?
A chain clause in the subcontracting agreement obligates the subcontractor to impose the same obligations on its own sub-subcontractors as the main contractor has imposed on it. Chain clauses are relevant regarding safety obligations, environmental obligations, collective labor agreement obligations, and GDPR obligations imposed by the client in the main agreement and which must be complied with by the entire chain. In the construction sector, the Sham Employment Arrangements Act (Wet Aanpak Schijnconstructies) obligates the main contractor to chain liability for the wage payments of subcontractors — known as hirer's liability. Your subcontracting agreement must correctly pass on the chain clauses applicable to your sector. Our lawyers ensure a watertight chain structure.
How do you arrange payment of the subcontractor in the event of default by the client?
A common point of contention in construction practice is the situation where the client fails to pay the main contractor, and the main contractor subsequently fails to pay his subcontractor either. In principle, the law permits the "pay-when-paid" clause in B2B relationships: the main contractor is only required to pay the subcontractor once he himself has been paid. However, an unlimited pay-when-paid clause can be unreasonable if the client's non-payment cannot be attributed to the subcontractor. Your subcontracting agreement must formulate the payment arrangement in a balanced manner: payment is conditional upon payment by the client, but with a maximum payment term that protects the subcontractor in the event of prolonged non-payment. Our lawyers draft a payment clause that balances the interests of both parties.
How does it work at MKBjuristen?
After a brief intake regarding the project, the division of tasks, and your specific risks, our lawyers draft a subcontracting agreement that correctly describes the division of tasks, clearly allocates liability, correctly applies the chain clause, and formulates the payment arrangement in a balanced manner.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Customization per subcontracting situation

Not every subcontract carries the same risks. Therefore, we do not draft generic subcontracting agreements, but tailor them to the project, main agreement, scope, and schedule.

Build

Attention to scope, drawings, planning, safety, delivery, additional work, and liability.

Installation

Attention to specifications, testing, certificates, documentation, warranty, and support.

Finishing

Attention to substrate, materials, planning, quality, handover points, and repairs.

Maintenance

Attention to access, planning, reporting, safety, service, and malfunctions.

Directing work

Attention to hourly rates, timesheets, materials, agreement, additional work, and evidence.

Large projects

Focus on pass-through, fines, chain obligations, insurance, and compliance.


A subcontracting agreement must properly pass on the risks arising from the main agreement. Therefore, we examine scope, planning, price, additional work, safety, payment, completion, warranty, insurance, and liability.

Common mistakes in subcontracting agreements

With subcontracting, things often go wrong because the commercial contract is awarded, but project risks are not properly passed on.

  • Insufficiently concrete inclusion of activities, drawings, and exclusions
  • Do not pass on obligations from the main agreement
  • Arrange additional work, reduced work, and changes verbally only
  • Failure to align planning, delays, and penalties with the master plan
  • Forgot safety rules, certificates, and construction site instructions
  • Allowing sub-subcontractors without permission and passing on
  • Do not link payment to progress, acceptance, or proof
  • Insufficient regulation of indemnification, insurance, chain liability, and consequential damages

Draft your subcontracting agreement properly and avoid unnecessary problems in the future. Clear agreements prevent disputes regarding scope, additional work, scheduling, safety, delivery, payment, and liability.

What is a subcontracting agreement?

An agreement whereby a subcontractor performs a part of the work that the main contractor has agreed upon with the client.

Why is forwarding important?

Because the main contractor has obligations towards the client that must also be complied with by the subcontractor.

How do I handle additional work when subcontracting?

Stipulate that additional work must be approved in writing in advance and what this means for pricing and scheduling.

Can payment be conditional on approval or progress?

Yes, that can be agreed upon in B2B relationships. Formulate this carefully.

Can MKB Juristen review an existing subcontracting agreement?

Yes. We check, among other things, scope, main agreement, schedule, additional work, payment, safety, delivery, and liability.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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