//using Eastern Dredging as a Subcontractor
Below is a copy of our Subcontractor Agreement - let us know if you have any questions!
Contact us at operations@easterndredging.com.
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Sample Subcontractor Agreement Terms:
1. Project and Work
Work window: Available Dates/Target work
Description of Dredging Staging
Target Depth/Location
Target Removal
Boat Type/Direction/Draft
Subcontractor will provide labor, supervision, suction-dredging equipment, mobilization, operation, lawful truck disposal of assigned dredged material, and reasonable cleanup of disturbance caused by its Work. Engineering, surveying, testing, structural work, utility relocation, and handling of hazardous or contaminated material are excluded unless added by signed Change Order.
2. Price
Charge
Quantity / Basis
Amount
Mobilization and setup - Standard - $3,500.00
Minimum Spoils Removal - __ cubic yards x $65/ cubic yard
Boat lift fee - $800, if boat removed, no fee
Logistics fee - $800/day if more than 5 miles from dump site
Permit fee - varies
IMPORTANT: The stated minimum cubic yards are payable even if fewer loads fill - payment is based on the target depth being achieved. Muck, clay, or certain organic sediment emulsifies and bonds with the water, making removal immeasurable. Provided the authorized dredging effort is performed and requested target depth or better is achieved within permit and site limits, payment is due in full. If bedrock or another impenetrable layer prevents target depth, Eastern will stop and notify Contractor; only actual spoils removed at the above rate per cubic yard, mobilization, and other earned charges will be due.
3. Contractor Responsibilities
Contractor responsibilities include: Maintain the customer/homeowner relationship and coordinate the Project; Obtain and pay for all permits, approvals, surveys, engineering, environmental consultants, testing, mitigation, and governmental fees before mobilization; Provide lawful, safe access and staging; identify utilities, structures, hazards, and known contamination; and provide permits, the Notice of Commencement, property information, and any payment-bond information; and Pay Subcontractor as required below, regardless of whether Contractor has been paid by the owner.
4. Permits, Conditions, and Changes
Subcontractor may rely on information supplied by Contractor and may suspend or refuse Work that is unsafe, unpermitted, outside scope, or involves suspected contaminated or prohibited material.
Extra or changed Work requires a written Change Order signed or clearly approved by email or text by authorized representatives, stating scope, price, and schedule impact.
5. Schedule, Suspension, and Completion
The work window is an estimate and is subject to permits, access, weather, tides, equipment, trucking, disposal capacity, concealed conditions, and events beyond Subcontractor’s reasonable control. Time is not of the essence unless stated in a signed Change Order. Subcontractor may suspend for unsafe conditions or weather, permit concerns, nonpayment, or material breach after reasonable notice. Completion occurs upon substantial completion of authorized Work or demobilization at Contractor’s direction; minor cleanup or punch items do not delay payment of undisputed sums.
6. Payment and Collection
No deposit is required. Subcontractor will invoice at Completion. The undisputed balance is due within fourteen (14) calendar days after Completion, without retainage and without a pay-if-paid or pay-when-paid condition. Contractor must give a specific written invoice dispute within seven (7) days after receipt and timely pay all undisputed amounts.
Past-due amounts accrue simple interest at 12% per year (1% per month), or the highest lawful rate if lower. Contractor shall reimburse reasonable collection costs, including attorneys’ fees, investigation costs, court costs, and filing and service fees. Subcontractor retains all Florida lien and payment-bond rights – including construction lien/mechanics lien rights - subject to statutory notices, deadlines, and other requirements. Releases apply only to cleared payment actually received, and Subcontractor contact with Customer (Section 9 Below) is wholly struck from this agreement/
7. Existing Structures; Damage
Contractor shall disclose known deficiencies in docks, boat lifts, seawalls, foundations, utilities, and structures. Except to the extent directly caused by Subcontractor’s negligence, willful misconduct, or material deviation from authorized means and methods, Subcontractor is not responsible for pre-existing conditions, latent defects, inadequate design or strength, ordinary settlement, or failure of a structure it did not undermine. Contractor must promptly report claimed damage and allow Subcontractor to inspect and, if responsible, cure before others alter the condition, except in an emergency.
8. Indemnity and Insurance
To the fullest extent allowed by section 725.06, Florida Statutes, each party shall indemnify and hold harmless the other and its officers, directors, and employees from third-party claims, losses, damages, and reasonable attorneys’ fees, but only to the extent caused by the indemnifying party’s negligence, recklessness, willful misconduct, breach, or persons it employs or uses. Contractor’s obligation includes, to that extent, claims involving permits, design, inaccurate site information, access, undisclosed hazardous material, or Contractor’s agents, employees, invitees, or other trades. No indemnity covers an indemnitee’s gross negligence or willful, wanton, or intentional misconduct. Each party’s indemnity limit is the greater of available required insurance or $1,000,000 per occurrence, which is part of the Project specifications and bears a reasonable commercial relationship to this Agreement.
9. Independent Contractor; Customer Contact
Subcontractor is an independent contractor controlling its personnel, equipment, sequencing, and means and methods, subject to permits and agreed results. Subcontractor will not intentionally solicit or contract directly with the owner for substantially the same Project scope to circumvent Contractor without written approval during the Project and for twelve (12) months after Completion. This does not restrict safety, access, field, permit, emergency, collection, or lien communications; owner-initiated inquiries; or documented pre-existing relationships.
10. Termination and Disputes
Either party may terminate a material breach not cured within three (3) business days after written notice, or immediately for imminent safety or legal risk. If Contractor terminates for convenience, it shall pay for Work performed, mobilization/demobilization, committed trucking/disposal, noncancelable costs, and reasonable closeout costs.
Florida law governs. Before suit, representatives shall confer in good faith within five (5) business days after written demand. Exclusive venue lies in the state courts of the Project county or the federal court serving that county. EACH PARTY KNOWINGLY WAIVES TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. The prevailing party in an Agreement action may recover reasonable attorneys’ fees and costs, subject to any specific statutory rule for lien or bond actions. Emergency relief and preservation of filing deadlines do not require a prior conference.
11. General Terms
Written notices may be delivered personally, by recognized overnight courier, certified mail, or confirmed email; operational notices and Change Orders may use confirmed email or text. This Agreement, signed Change Orders, and accepted attachments are the entire agreement. Prime-contract terms bind Subcontractor only if attached, specifically identified, and accepted in writing, and may not create pay-if-paid terms, expand scope, or waive lien/bond rights without Subcontractor’s express signed consent. Amendments and waivers must be written. If a term is unenforceable, it will be narrowed as needed and the rest remains effective. Electronic signatures and counterparts are effective. Accrued payment, indemnity, collection, dispute, and non-circumvention terms survive. This proposal expires ten (10) days after issuance and may be withdrawn in writing before scheduling unless both parties have signed.
12. Satisfaction Guarantee
Contractor satisfaction is important to Eastern Dredging. Because dredging results are below the waterline and may not be readily visible, we stand behind our work. If Contractor notifies Eastern Dredging in writing, including email, within Thirty (30) calendar days after project completion that an area within the agreed scope does not meet the stated target, Eastern Dredging will schedule one reasonable corrective re-dredging visit at no additional dredging charge.
This guarantee applies only to the agreed scope and target and requires timely payment of all undisputed amounts and reasonable site access. It does not cover changed conditions or material movement after completion, inaccessible areas, bedrock or other impenetrable material, permit limitations, inaccurate site information, structural restrictions, or work outside the agreed scope.
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Let us know if you have any questions!
Contact us at operations@easterndredging.com or give us a call at 561.213.4572.