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Concrete Subcontractor Agreement

Generate a concrete subcontract with ACI 318 code compliance, rebar placement tolerances, cold-weather protection, curing schedule, and pumping insurance language tuned to your state.

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ACI 318 code + placement tolerances
Cold-weather protection per ACI 306
Concrete-pumping CGL & umbrella
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Suna Gol
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Anderson Hill
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Jonathan Alfonso

Last updated March 9, 2026

What Is a Concrete Subcontractor Agreement?

A concrete subcontractor agreement governs the relationship between a prime contractor and a concrete specialty contractor who performs structural concrete placement, flatwork, footings, foundations, slabs, tilt-up panels, or decorative concrete. Concrete work is tightly regulated by ACI 318 (incorporated into the International Building Code), subject to IBC Chapter 17 special inspection on most commercial projects, and governed by OSHA 29 CFR § 1926 Subpart Q safety standards.

The subcontract must address the specific technical and schedule risks of concrete: placement tolerances, cold-weather and hot-weather protection, curing, reinforcement placement, formwork design, and pump truck operation. Material warranties from admixture and ready-mix suppliers, special inspection cooperation, and timing coordination with other trades (embedded items, electrical conduit in slabs, plumbing rough-ins) are recurring sources of dispute and need clear contract language.

Use this template for structural concrete, slabs-on-grade, decorative flatwork, tilt-up walls, and architectural concrete subcontracts. The document covers scope, ACI 318/301/117 compliance, rebar placement protocols, cold-weather and hot-weather schedules, curing, concrete pumping insurance, lien waivers with statutory-form compliance, and AIA A401 flow-down for subcontracts under AIA-form prime contracts.

When to Use a Concrete Subcontractor Agreement

Use this agreement when a general contractor hires a concrete specialty contractor to perform any portion of the concrete scope on a project — footings and foundations, slab-on-grade, elevated slabs, walls, columns, stairs, tilt-up panels, decorative flatwork, or structural repair. Also use it when a concrete prime subcontracts out specialty work like polishing, staining, or post-tensioning.

The subcontract should always be paired with the prime contract plans and specs (by reference), a pre-construction meeting agenda, and a written schedule. Verbal promises about pour dates, mix designs, or finishes become the primary source of concrete disputes without contemporaneous documentation.

Key Provisions

Every concrete subcontract should address these at minimum.

Scope & mix designs

Plans and specs incorporated; mix designs for each strength class; submittals review.

ACI 318 compliance

Edition in effect on plan-set date; ACI 117 tolerances; ACI 301 specifications.

Rebar placement

Grade per plans; cover; lap lengths; pre-pour inspection; seismic A706/A615 for SDC D/E/F.

Progress billing

Schedule of values tied to pours; 5-10% retainage; pay-when-paid with statutory limits.

Insurance

CGL $1M/$2M, auto, workers' comp; pumping sub carries $5M-$10M umbrella.

Lien waivers

Conditional progress waiver each payment; final unconditional at retainage; statutory forms.

OSHA Subpart Q

Impalement protection, formwork per ACI 347, shoring inspection, PPE for fresh concrete.

Warranty & defects

One-year warranty; repair at sub cost; latent defects to state statute of repose.

Concrete-Specific Issues

Cold-weather concreting under ACI 306 is the single largest seasonal risk. Placing concrete below 40°F without protection risks freezing before strength gain, which can lead to full slab removal and replacement. The subcontract should require the sub to bear the cost of cold-weather protection (heated enclosures, insulated blankets, heated water), notify the prime of planned cold-weather pours, and protect concrete for the first seven days at a minimum 50°F concrete temperature.

Concrete pumping is a catastrophic-loss exposure. Pump boom strikes on overhead power lines can cause multi-fatality incidents with claims exceeding $10 million. The subcontract should require the pumping sub to carry excess liability of $5M-$10M minimum, require ACPA operator certification, require a spotter during all pumping operations, require compliance with OSHA § 1926.703 and Subpart Q, and require the pump boom to maintain minimum 10-foot clearance from overhead lines (increasing with voltage per OSHA Appendix D to § 1926 Subpart V).

Placement tolerances under ACI 117 — slab flatness (F_F) and levelness (F_L), column plumb, anchor-bolt location — are frequent sources of rework cost. Out-of-tolerance slabs require grinding, self-leveling compound, or partial demolition. The subcontract should specify the applicable F-numbers, require measurement within 72 hours of placement, assign rework cost to the sub for out-of-tolerance work, and allow the prime to back-charge rework against pending progress payments.

How to Fill Out the Agreement

Fields map to the wizard questions in our document builder.

1

Identify the parties and project

Prime and sub legal entities; project address; plan set date; applicable ACI 318 edition.

2

Scope of concrete work

Footings, foundations, slabs, walls, tilt-up; mix designs by strength class; decorative finishes.

3

Progress billing and retainage

Schedule of values by pour or milestone; 5-10% retainage; 30-day pay-when-paid timing.

4

Insurance and pumping coverage

CGL $1M/$2M; workers' comp; auto; if pumping, excess $5M-$10M and ACPA certification.

5

Lien waivers

Conditional progress waiver each pay; final unconditional at retainage; statutory forms for CA/TX/FL.

6

Schedule and weather protection

Pour schedule; ACI 305 hot-weather plan; ACI 306 cold-weather plan; notice requirements.

7

Warranty and special inspection

One-year warranty; cooperation with IBC Ch. 17 special inspector; re-inspection back-charge.

8

Sign and retain records

Signatures; retain for 10 years per most states' statute of repose for construction defects.

Frequently Asked Questions

Common questions about concrete subcontracts, ACI compliance, and pumping insurance.

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