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Home Business Employment Subcontractor Indiana

Indiana Subcontractor Agreement

Updated June 29, 2023 | Legally reviewed by Susan Chai, Esq.

A written Indiana Subcontractor Agreement sets forth the contractual arrangement between a contractor and a subcontractor and each party’s specific obligations and rights.

Subcontractor Definition

  •  Indiana Code § 36-1-9.5-16 

(applies specifically to local government) “‘subcontractor’ means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract.”

  • Indiana Code § 5-16-5.5-1 

(applies to Indiana’s public works) defines “subcontractor” to “mean and include any person, firm, limited liability company, or corporation who is a party to a contract with the contractor and who furnishes and performs on-site labor on any public building, work or improvement. It also shall include materialmen who supply contractors or subcontractors as contained in this chapter.”

*The Code of Indiana mentions subcontractors in several provisions across different sections without a universal definition.

Subcontractors do not typically provide general hourly labor on a construction project, nor are they contractor employees. Instead, subcontractors are usually hired to provide a specific service or undertake a specific task, for which they bill using an invoice when completing work or according to the terms of their agreement.

Except for plumbers, who are licensed at the state level by the Indiana Professional Licensing Agency, construction contractors and subcontractors are licensed by local jurisdictions, so it is a good idea to check with each town and county in which you intend to do business to determine specific requirements before entering into any subcontractor agreement.

A carefully drafted subcontractor agreement should include the scope of work to be undertaken, deadlines for performance, and payment terms.

Create Your Indiana Subcontractor Agreement in Minutes!

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