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Sub Contractor Agreement for Malta

Sub Contractor Agreement Template for Malta

A comprehensive legal agreement governed by Maltese law that establishes and regulates the relationship between a main contractor and a subcontractor. This document outlines the terms and conditions under which the subcontractor will provide specific services or work, including scope, payment terms, performance standards, and legal obligations. It incorporates relevant provisions from Maltese employment and contract law, ensuring compliance with local regulations while maintaining the independent contractor status of the relationship. The agreement includes provisions for liability, insurance, intellectual property rights, and data protection in accordance with Maltese and EU requirements.

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What is a Sub Contractor Agreement?

The Sub Contractor Agreement serves as a crucial legal instrument for businesses operating in Malta who need to engage external service providers or specialists while maintaining clear contractual boundaries. This document is essential when a main contractor wishes to delegate specific portions of work or services to a specialized subcontractor while retaining overall project responsibility. The agreement ensures compliance with Maltese legal requirements, including those related to employment status, tax obligations, and social security considerations. It is particularly relevant in projects where specialized expertise is required, or when companies need to scale their workforce flexibly without creating direct employment relationships. The document addresses key aspects such as scope of work, payment terms, liability allocation, and regulatory compliance, while being adaptable to various industries and project types.

What sections should be included in a Sub Contractor Agreement?

1. Parties: Identifies the contracting parties - the Contractor and the Subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Sets out the context of the agreement, including the main contract (if applicable) and the Contractor's authority to subcontract

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details the appointment of the Subcontractor and comprehensive description of services to be provided

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Payment Terms: Details the fees, payment schedule, invoicing requirements, and payment methods

7. Subcontractor Obligations: Lists key responsibilities and requirements for the Subcontractor, including quality standards and timelines

8. Contractor Obligations: Outlines the Contractor's responsibilities to the Subcontractor

9. Independent Contractor Status: Clearly establishes the independent nature of the relationship and disclaims any employment relationship

10. Insurance and Liability: Specifies required insurance coverage and allocation of risks between parties

11. Confidentiality: Protects confidential information shared during the course of the agreement

12. Intellectual Property Rights: Addresses ownership and usage rights of any IP created during the project

13. Data Protection: Ensures compliance with Maltese data protection laws and GDPR requirements

14. Governing Law and Jurisdiction: Specifies Maltese law as governing law and sets jurisdiction for disputes

15. General Provisions: Including force majeure, entire agreement, severability, and notices clauses

What sections are optional to include in a Sub Contractor Agreement?

1. Health and Safety: Required when work involves on-site activities or specific safety requirements

2. Equipment and Materials: Include when specific equipment or materials are provided by either party

3. Performance Metrics: Add when specific KPIs or service levels need to be maintained

4. Training Requirements: Include when specific certifications or training are required

5. Security Requirements: Add for projects involving sensitive information or secure locations

6. Environmental Compliance: Include for projects with environmental impact or requirements

7. Non-Compete: Add when restricting Subcontractor's ability to work with competitors

8. Assignment and Subcontracting: Include when need to specifically address further subcontracting rights

9. Warranty Provisions: Add for projects requiring specific warranties for work performed

10. Change Control: Include when formal process for changes to scope is required

What schedules should be included in a Sub Contractor Agreement?

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards and metrics if applicable

4. Schedule 4 - Required Insurance: Specific insurance requirements and coverage levels

5. Schedule 5 - Key Personnel: Names and roles of key team members if applicable

6. Schedule 6 - Policies and Procedures: Relevant operational policies and procedures to be followed

7. Appendix A - Form of Invoice: Template for invoices if specific format required

8. Appendix B - Change Request Form: Template for requesting changes to services or terms

9. Appendix C - Required Certifications: List of required certifications or qualifications

10. Appendix D - Project Timeline: Detailed project schedule and milestones if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions







































Clauses
































Relevant Industries

Construction

Information Technology

Professional Services

Manufacturing

Engineering

Maritime Services

Healthcare

Financial Services

Telecommunications

Real Estate Development

Energy

Transportation and Logistics

Facilities Management

Educational Services

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk and Compliance

Finance

Human Resources

Project Management Office

Supply Chain

Quality Assurance

Relevant Roles

Procurement Manager

Contract Manager

Project Manager

Legal Counsel

Operations Director

Commercial Director

Risk Manager

Compliance Officer

Supply Chain Manager

Business Development Manager

Chief Operating Officer

Finance Director

Human Resources Director

Technical Director

Quality Assurance Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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