Subcontractor's Agreement - South Dakota 2025

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  1. Click ‘Get Form’ to open the Subcontractor's Agreement in the editor.
  2. Begin by filling in the Contractor and Subcontractor details, including names, addresses, and contact information. Ensure you specify whether the Subcontractor is an individual or a business entity.
  3. Provide the Jobsite address and legal description. This section is crucial for identifying where the work will take place.
  4. Detail the Description of Work that the Subcontractor will perform. Be specific about materials and labor required, referencing any drawings or specifications.
  5. Fill in the Estimated Start Date and Completion Date for the work. This helps set clear expectations for both parties.
  6. Complete the Subcontract Price section, indicating fixed prices or time/material rates as applicable.
  7. Review all terms and conditions carefully before signing. Ensure all parties have their authorized representatives sign to finalize the agreement.

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While a contract can be made orally, it is good practice to have a written contract in place before the subcontractor begins work. Contracts are generally bespoke to each project, said Julie, but as a bare minimum must confirm scope of works, price, programme and payment.
Both sides need to agree on a start date, end date, and important milestones and due dates to track progress. A well-defined schedule helps manage the project efficiently and ensures that the subcontractor aligns with the projects timeline.
W9 form. All subcontractors should be providing you with an IRS W9 form. This documentation lets you know the type of company the subcontractor is (corporation, LLC, sole proprietor, etc), as well as their tax identification number or Social Security number if they are an individual.
A subcontractor agreement ensures transparency between both parties and defines each partys roles, responsibilities, and rights. It also sets out clear payment terms, ensuring that subcontractors receive the pay they agreed to for their work.
The agreement needs to discuss whether the contractor is paid an hourly rate or a flat fee. It should also include information on payment frequency, payment logistics, and invoicing.
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In determining the employment tax status of a worker, the IRS considers three categories of evidence: Behavioral control, Financial control, and Relationship of the parties.
Clearly define the scope of work, including drawings and specifications. Specify the contract price and payment terms. Include a detailed schedule for the subcontractors work. Address the flow-down of terms from the Prime Contract.

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