A subcontract is a contract used when an organization or individual that already has a contract to provide services or goods hires another to do some of the work under that contract.
In health, human service, and community work, subcontracts are common. (For the sum of $500.00, Fred Smith will paint the outside of John Jones 's barn, including all trim, window sashes, doors, and window and door frames and surrounds, with two coats of red paint.) It can be extremely simple, as long as the intent is clear. It doesn't have to be labeled a contract, if it's clear that both parties intend it to be a formal document, and there's consideration involved. The court would have to have some proof that both parties knew exactly what "collaboration and support " actually referred to in order to enforce the terms of the contract.Ī contract may or may not be written, although a written contract is both clearer and much more easily enforceable than a verbal one, since a written document makes it easier to prove that a contract agreement exists. If a contract says that one organization will pay another for "collaboration and support " on a program, that may not be specific enough to be enforceable. In addition, the terms of the contract have to be clear enough so that a court can enforce it. without something being offered in exchange for something else.
In legal terms, a contract isn't enforceable without consideration, i.e. If there's an agreement to provide something in return for something else, it's considered a contract. In its simplest terms, it is a statement of an agreement between or among two or more parties that involves an "exchange of value." There may be money involved, or there may be an exchange of goods, services, space, or some other commodity. ContractĪs stated above, a contract is a legal document. We'll briefly examine each in turn, and look as well at places where the differences between them blur. The greatest difference between a contract and a memorandum of agreement is that a contract is a legal document and is enforceable in court, whereas a memorandum of agreement is neither.
What are contracts and memoranda of agreement? This section will help you to read, understand, and draft contracts and memorandas of agreement, the two kinds of documents that most organizations require in their relationships with others.
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Learn how to draft and read contracts and memoranda of agreements successfully.
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