JOB
NO:
PROJECT:
OWNER:
ARCHITECT:
CONTRACTOR:
.
SUBCONTRACTOR:
Article 1
CONTRACT
PAYMENT. The
Contractor agrees to pay Subcontractor for satisfactory performance of
Subcontractor's Work the sum of
Dollars ($ ).
Progress payments,
less retainage of 10%, shall be made to
Subcontractor for Work satisfactorily performed no later than Seven ( 7 )
days after receipt of payment from Owner for Subcontractor's Work. Final payment of the balance due shall be
made to Subcontractor not later than
Seven ( 7
) days after receipt by Contractor of final payment from
Owner for Subcontractor's Work. These payments are subject to receipt of such
lien waivers, affidavits, warranties, and guarantees required by the Contract
Documents or Contractor.
Article 2
SCOPE
OF WORK.
(a) Subcontractor
shall furnish necessary labor, materials, services, tools, equipment and other
things necessary to fully perform and complete the Work in cooperation with the
other trades in a good and workmanlike manner to the satisfaction and
acceptance of Contractor and Owner and perform all the Work as set forth herein
(hereinafter referred to as the "Work").
(b) No
claim shall be made due to minor variations in the actual conditions of the
premises from what is shown on the plans.
Subcontractor shall examine the premises, note and ascertain the
existing conditions at the site and the nature and location of the Work. All Work affected or governed thereby or
required for the thorough and satisfactory execution and completion of his
Work, whether indicated or specified or not, and regardless of quantity
estimated, shall constitute part of this Subcontract and shall be performed
without extra charge.
(c) Subcontractor
agrees to commence Subcontractor's Work herein described upon notification by
Contractor, and to perform and complete such Work in accordance with Contract
Documents and under the general direction of Contractor in accord with
Contractor's schedule. This shall
include all work necessary or incidental to complete the:
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Work for the Project
as more particularly, though not specified in
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Article 3
SCHEDULE
OF WORK.
(a) Subcontractor
hereby acknowledges that time is of the essence with respect to the
Contractor's completing the Project pursuant to the General Contract and that
such completion is substantially dependent upon Subcontractor's performance of
this Subcontract on or before the dates set forth in the Progress
Schedule and/or
Progress Meetings. Time, therefore, is
of the essence in this Subcontract.
(b) Subcontractor
shall turn the Work over to Contractor in good condition and free and clear of
all claims or liens arising from the performance of the Subcontract, and shall,
at his expense, defend all suits and pay all claims arising from his
performance of this Subcontract.
(c) Subcontractor
covenants and agrees that he shall not employ any labor which will interfere
with labor harmony at the job site or with the introduction and storage of
materials and execution of Work by other subcontractors. If Subcontractor breaches this covenant and
such breach shall cause a stoppage or Work at the job site, Subcontractor shall
be liable for all damages suffered by Contractor caused by such delay in
completing the job, including specifically any penalty or liquidated damages in
the General Contract imposed upon Contractor for failing to complete the job on
the completion date set forth in such Contract.
(d) Subcontractor
shall, prior to submission of his first requisition for payment, supply to
Contractor the name, address and telephone number of every supplier or
Subcontractor furnishing materials and/or labor to Subcontractor for the Work
covered herein and a cost breakdown of this Subcontract.
(e) Subcontractor
shall comply with all laws, ordinances and regulations relating to the manner
of doing the work or to the supplying of the material at the job site, and
shall provide safe working conditions for his employees, other employees and
the public.
(f)
If any part of
Subcontractor's work, depends for proper execution or results upon the work of
any other Subcontractor, Subcontractor shall inspect and promptly report to
Contractor any defects in such work that render it unsuitable for such proper
execution and results. Subcontractor's
failure to inspect and report shall constitute an acceptance of the other
Subcontractor's work as fit and proper for the reception of Subcontractor's
work.
(g) Time
is of the essence. Subcontractor shall
provide Contractor with any requested scheduling information of Subcontractor's
Work. The Schedule of Work, including
that of this Subcontract shall be prepared by Contractor and may be revised as
the Work progresses. Subcontractor
recognizes that changes may be made in the Schedule of Work and agrees to
comply with such changes without additional compensation. Subcontractor shall coordinate its work with
all other contractors, subcontractors, and suppliers on the Project so as not
to delay or damage their performance, work, or the Project.
Article 4
CHANGES.
(a) Contractor
may authorize changes to or deductions from the Work, said authorization to be
effective and binding only when written (hereinafter referred to as "extra
work").
(b) Whenever
extra work is requested by Contractor and the scope and nature of same is
reasonably susceptible to lump sum quotation, Subcontractor shall provide such
quotation within five (5) days of a request for same.
(c) Any
claim for compensation for extra work, whether lump sum or otherwise, must be
presented to Contractor within five (5) days of authorization of the extra
work. Claims for extra work received
thereafter will not be considered.
Proper claims for
extra work shall be paid in accordance with this Subcontract Agreement.
(d) Duly
authorized extra work is hereinafter deemed included in the
"Work". No dispute as to
adjustments in the Contract Amount for extra work shall excuse Subcontractor
from proceeding with the Work.
(e) Contractor,
without nullifying the Agreement, may direct Subcontractor to make changes to
Subcontractor's Work. Adjustment, if
any, in the contract price or contract time resulting from such changes shall
be set forth in a Subcontractor's Change Order pursuant to the Contract
Documents.
Article 5
FAILURE
OF PERFORMANCE.
(a) Should
Subcontractor at any time fail to prosecute and complete the Work in accordance
with the Progress Schedule or as herein provided or fail to diligently and
continuously perform his Work, or if in the opinion of Contractor the Work of
Subcontractor cannot be completed in the time period set forth, or if
Contractor is notified or Subcontractor's failure to pay for any material or
labor used on the Project, or in the event of a strike or stoppage or Work
resulting from a dispute involving or affecting the labor employed by
Subcontractor or his Subcontractors, or if Subcontractor fails to perform any
of the requirements herein, then such event shall be deemed a default and
Contractor shall notify Subcontractor to correct such default and shall specify
in such notice the action to be taken and a reasonable date by which the
default shall be corrected.
(b) If
a default occurs and is not corrected on or before the date specified in the
notice to Subcontractor, Contractor shall be entitled to exercise either or both
of the following remedies as well as any other remedies available, including
but not limited to
binding and consolidated arbitration in accordance wit the terms of the General
Contract or through litigation in a court of law.
(1) Contractor
may immediately take any action necessary to correct such default, including
specifically the right to provide labor, overtime labor and materials and may
deduct the cost of correcting such default from payment due, or that may become
due to Subcontractor.
(2) Contractor
may terminate this Subcontract and the employment of Subcontractor, take
possession of Subcontractor's materials, tools and equipment used in performing
such Work, and employ another Subcontractor or use the employees of Contractor
to finish the remaining Work to be performed hereunder. Contractor may deduct the costs of completing
the remaining work from the unpaid contract price, and if the cost of
completing the remaining Work exceeds the unpaid Contract amount, Subcontractor
shall pay to Contractor such excess costs, including but not limited to
overhead and attorney's fees.
Contractor, in any
such event may also refrain from making any further payments under this
Subcontract to Subcontractor until the entire project shall be fully finished
and accepted by Owner, at which time, if the unpaid balance of the amount to be
paid under this Subcontract shall exceed the expense incurred by Contractor to
Subcontractor, but if such expenses and damages shall exceed such unpaid
balance Subcontractor shall promptly pay the difference to Contractor if
Contractor does not terminate the right of Subcontractor to proceed,
Subcontractor shall continue with the balance of the Work. If Owner is damaged by reason of any breach
by Subcontractor of this Subcontract the Subcontractor shall, subject to any
defenses and offsets to which Subcontractor may be entitled under this
Subcontract, pay Owner such damages.
Article 6
INSURANCE. SUBCONTRACTOR SHALL FURNISH CERTIFICATE
LISTING __________ INC AS CERTIFICATE HOLDER AND ADDITIONAL INSURED.
(a) In
consideration of the sum of One Dollar ($1.00) paid by Contractor to
Subcontractor, receipt of which is hereby acknowledged, for the indemnification
hereinafter set forth. Subcontractor
agrees to indemnify and save Contractor and Owner harmless against and from any
and all claims arising from the conduct, management or performance of the Work,
including without limitation, any and all claims arising from any condition or
the Work arising from any breach or default of the part of Subcontractor in the
performance of any covenant or agreement on his part to be performed, pursuant
to the terms of this Subcontract or arising from any act or negligence of
Subcontractor or any of his agents, Subcontractors, servants, employees or
licensees , or arising from any accident, injury or damage whatsoever caused by
any person, firm or corporation, brought thereon, and in case any action or
proceeding is defended against Contractor, shall defend against such action or
proceeding by counsel satisfactory to Contractor and Owner, unless such action
or proceeding is defended against by counsel for any carrier of public
liability insurance referred by herein.
(b) Prior
to commencing work, Subcontractor shall procure and maintain in force at
Subcontractor's expense until the completion and final acceptance of the Work,
the following insurance from companies satisfactory to Contractor in the
indicated amounts. Workers' Compensation
Insurance (Statutory Maximum at Job Site location) and Employees Liability
Insurance, Comprehensive General Liability Insurance ($1,000,000.00 combined
single limit) including premises-operation, independent contractors, products
completed operations hazard with contractual coverage and Comprehensive
Automobile Liability Insurance ($1,000,000.00 combined single limit) and shall
furnish to Contractor duplicate of original copies of insurance certificates
evidencing compliance with the foregoing insurance requirements, naming
Contractor as additional insured. All
policies shall provide for ten (10) day cancellation or change notice to
Contractor in the event of any change in or cancellation of said policies. The indemnification obligations under Section
5a shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Subcontractor under
Workers' Compensation Acts, Disability Benefit Acts or Other Employee Benefits
Acts. Contractor and Subcontractor waive
all rights against each other for damages by fire or other perils covered by
property insurance set forth in the General Contract except for proceeds of
insurance held by Owner as trustee. ______________ shall be named additional
insured on the certificate of insurance.
Article 7
INDEMNIFICATION. To the fullest extent permitted by law,
Subcontractor shall indemnify and hold harmless Owner, Architect, Architect's
Consultants, and Contractor from all damages, losses, or expenses, including
attorneys fees, from any claims or damages for bodily injury, sickness,
disease, or death, or from claims for damages to tangible property, other than
the Work itself. This indemnification
shall extend to claims resulting from performance of this Subcontract and shall
apply only to the extent that the claim or loss is caused in whole or in part
by any negligent act or omission of Subcontractor or any of its agents,
employees, or subcontractors. This
indemnity shall be effective regardless of whether the claim or loss is caused
in some part by a party to be indemnified.
The obligation of Subcontractor under this Article shall not extend to
claims or losses that are primarily caused by Architect or Architect's
consultant's performance or failure to perform professional
responsibilities. Subcontractor agrees
to hold __________, Inc. harmless in the event of damages or injuries due to
any negligence of their part, and that they will pay all legal and defense
costs associated with any damage or injury claims.
Article 8
WARRANTY. Subcontractor warrants its work against all
deficiencies and defects in materials and/or workmanship and agrees to satisfy
same without cost to Owner or Contractor for a period of one (1) year from the
date of Substantial Completion of the Project or per Contract Documents,
whichever is longer.
Article 9
SPECIAL PROVISIONS.
In witness whereof,
the parties have executed this Agreement under Seal, the day and year first
written above.
Subcontractor
Firm Name Contractor
Firm
Name
X
BY: BY:
Subcontractors
Federal Tax ID Number:
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