My version, i'll wager this is old hat to some of you.....rip it a new one fella's
~S~AIA Document A401 -2007
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT made as of the th day of July in the year of Two Thousand and Eleven
BETWEEN the Contractor: -----------------
and the Subcontractor: Sparky
The Contractor has made a contract for construction with the General Contractor, ---------------
For the Following Project: -----------------
which Contract is hereinafter referred to as the Prime Contract and which provides for the furnishing of labor, materials, equipment and services in connection with the construction of the Agreement Between General Contractor and Contractor (from which compensation amounts may not be deleted) and the other Contract Documents enumerated therein which have not been made available to the Subcontractor at this signing, consequently becoming inapplicable, null and void in regards to Contractor Subcontractor present and future relations
The General Contractor for the Project is: --------------------
The Architect(s) for the Project is/are: ---------------
The Contractor and the Subcontractor agree as set forth below.
TERMS AND CONDITONS OF AGREEMENT
BETWEEN CONTRACTOR AND SUBCONTRACTOR
THE SUBCONTRACT DOCUMENTS
1.1 The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the General Contractor and Contractor and the other Contract Documents enumerated therein, including Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Agreement between the General Contractor and Contractor and Modifications issued subsequent to the execution of the Agreement the General Contractor and Contractor, before or after the execution of this Agreement apply , and other Contract Documents, if any, listed in the General Contractor-Contractor Agreement; (3) other documents listed in Article 16 of this Agreement; (4) Modifications to this Subcontract issued after execution of this Agreement shall be at the sole discression of the Subcontractor These form the Subcontract, and are as fully a part of the Subcontract as if attached to this agreement or repeated herein. The Subcontractor represents only a relationship between the Contractor and Subcontractor , the Subcontractor bearing no legal or liable responsibility toward any integrated, implied, demanded or otherwise insinuated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Subcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 16.
1.2 The Subcontractor shall be furnished copies of the Subcontract Documents upon request with reasonable time to comply, this is and shall be the only Subcontract document, and shall not be reproduced or altered electronically, nor shall the Contractor charge the Subcontractor for the cost of reproduction.
1.3 The Subcontract may be amended and/or modified only via modification acceptable to the Subcontractor. This document, and any other pursuant documents shall in no way imply or be representative of any other contractual relationships other than Contractor / Subcontractor
1.4 The Contractor shall make available this document to the Subcontractor, Insurance representatives, AHJ, and/ or entities of the Subcontractors' choice without charge within 7 days notification of the Contractor by the Subcontractor and/or the Subcontractor's representatives
MUTUAL RIGHTS AND
2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and , to the extent that provisions of the Prime Contract apply to the Work of the Subcontractor, the Contractor shall assume all obligations, liabilities and responsibilities that the General Contractor, Owner and /or Architect under the Prime Contract, assumes toward the Contractor, the Subcontractor shall assume toward the Contractor absolutely no obligation(s) and/or liabilities and/or responsibilities which the Contractor, under the Prime Contract, assumes toward the General Contractor and the Architect. The Contractor shall have the benefit of no rights, remedies or redress against the Subcontractor which the General Contractor, under the Prime Contract, has against the Contractor, and the Subcontractor shall have the benefit of all rights, remedies and redress against the Contractor which the Contractor, under the Prime Contract, has against the General Contractor, insofar as applicable to this Subcontract. Where a provision of the Prime Contract, which has not been made available to the Subcontractor at this signing, is inconsistent with a provision of this Agreement, this Agreement shall govern.
2.2 The Contractor shall not require the Subcontractor to enter into agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities which the Contractor and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other which the Contractor and Subcontractor have by virtue of the provisions of this Agreement.
3.1 SERVICES PROVIDED BY THE CONTRACTOR
3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor’s Work to avoid conflicts or interference in the Subcontractor’s Work , and or other customers not associated with this contract, and shall expedite written responses to submittals made by the Subcontractor in accordance with Paragraph 4.1 and Article 5. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor copies of the Contractor’s construction schedule and schedule of submittals, together with such additional scheduling details as will enable the Subcontractor to plan and perform the Subcontractor’s Work properly. The Subcontractor shall be notified promptly of subsequent changes in the construction and submittal schedule and additional scheduling details.
3.1.2 The Contractor shall provide suitable areas for storage of Subcontractor’s materials and equipment during the course of the Work. Additional costs to the Subcontractor resulting from relocation of such facilities at the direction of the Contractor, theft , fire, flood , acts of God or terrorism either foreign or domestic except as previously agreed upon, shall be reimbursed by the Contractor.
3.1.3 Except as provided in Article 14, the Contractor’s equipment will be available to the Subcontractor only at the Contractor’s direction for usage to complete the Subcontractor's work and/or work schedule , which shall be considered mutually satisfactory terms for completion of this contract
3.2.1 The Contractor shall promptly make available to the Subcontractor information which affects this Subcontract and which becomes available to the Contractor subsequent to execution of this Subcontract.
3.2.2 The Contractor shall not give instructions or orders directly to employees or workmen of the Subcontractor, except to persons designated as authorized representatives of the Subcontractor.
3.2.3 The Contractor shall permit the Subcontractor to request directly from the General Contractor , Architect and/or owner information regarding any structural concerns, safety concerns, percentages of completion pertinent to the Subcontractor's work ,at no expense to the Subcontractor.
3.2.4 If hazardous substances of a type which an employer is required by law to notify its employees are being used on the site by the Contractor, and/or are inherently inclusive to the job site, used by a subcontractor or anyone directly or indirectly employed by them (other than the Subcontractor), the Contractor shall, prior to harmful exposure of the Subcontractor’s employees to such substance, given written notice of the chemical composition thereof to the Subcontractor in sufficient detail and time to permit the Subcontractor’s compliance with such laws.
3.2 CLAIMS BY THE CONTRACTOR
3.3.1 Liquidated damages for delay, if provided for in Paragraph 9.3 of this Agreement, shall not be assessed against the Subcontractor or be held liable to the Subcontractor, the Subcontractor’s employees and agents, Sub-subcontractors, suppliers or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising from this Subcontract.
3.3.2 Except as may be indicated in this Agreement, the Contractor agrees that no claim for payment for services rendered or materials and equipment furnished by the Subcontractor to the Contractor shall be invalided without prior notice to the Subcontractor and unless written notice thereof is given by the calendar day following that in which the claim originated.
3.4 CONTRACTOR’S REMEDIES
3.4.1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within three working days after receipt of written notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, after three days following receipt by the Subcontractor of an additional written notice, and with prejudice to any other remedy the Contractor may pay in full all costs outstanding and due to the Subcontractor constituting termination. The Contractor shall be the only entity empowered to administer terminal action. In no case shall any action based upon faulty workmanship or materials and equipment provided, directed, designed and/or ordered to be completed by the Contractor be of any liability to the Subcontractor, and/or the Subcontractor's final payment . The State of Vermont Authorities having jurisdiction, in conjunction with the 2011 National Electrical and/or other applicable codes shall have final determination that the workmanship or materials and equipment are / are not in accordance with requirements , regardless of the Prime Contract, oral or other agreements made.
4.1 EXECUTION AND PROGRESS OF WORK
4.1.1 The Subcontractor shall cooperate with the Contractor in scheduling and performing the Subcontractor’s Work to avoid conflict, delay in or interference with the Work of the Contractor, other Subcontractors Owner, Aristech or General Contractor’s own forces. In case of difference between building codes, specifications State Laws and local ordinance, regulations and the contract documents, this contract shall govern. The Contractor shall promptly notify the General Contractor in writing of such differences.
4.1.2 The Subcontractor shall promptly submit Shop Drawings, Product Data, Samples and similar submittals requested by the Contractor with reasonable promptness an in such sequence as to cause no delay in the Work or in the activities of the Contractor or other subcontractors.
4.1.3 The Subcontractor shall submit to the Contractor invoices allocated to the various parts of the Work of this Subcontract, aggregating the Subcontract Sum, made out in such details as the Contractor and Subcontractor may agree upon or as requested by the Subcontractor, In applying for payment, the Subcontractor shall submit invoicing and /or statements based upon the Subcontractor's modus operandi.
4.1.4 The Subcontractor shall furnish to the Contractor periodic progress reports on the Work of this Subcontract as mutually agreed, including information on the status of materials and equipment which may be in the course of preparation or manufacture.
4.1.5 The Subcontractor agrees that the General Contractor will have the authority to reject Work which does not conform to the Prime Contract. The General Contractor’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Prime Contract. This will not affect any due past or future payment schedules to the Subcontractor
4.1.6 The Subcontractor shall pay for: hid own company laborers, small materials, and rented equipment used in connection with the performance of this Subcontract inclusive and covered by ongoing payments received from the Contractor, and should furnish satisfactory evidence, when requested by the Contractor, to verify compliance with the above requirements.
4.1.7 The Contractor shall take necessary precautions to protect properly the Work of the Subcontractor from damage caused by operations under this, or any other subcontract and/or subcontractors.
4.1.8 The Subcontractor shall cooperate with the Contractor, other subcontractors and the General Contractor’s own forces, whose Work might interfere with the Subcontractor’s Work. The Subcontractor shall participate in the preparation of coordinated drawings in areas of congestion, if required by the Prime Contract, specifically noting and advising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor, other subcontractors or the General Contractor’s own forces. Any Subcontractor concerns expressed orally and/or via electronic transmission(s) that are not met shall not be considered the responsibility, or liability of the Subcontractor
4.2 LAWS, PERMITS, FEES AND NOTICES
4.2.1 The Subcontractor shall give notices of local laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the work of this Subcontract to the Contractor. It shall be the Contractor's responsibility, expense and liability to secure compliance after said notification, be it written or oral. The Subcontractor shall maintain a Vermont state Master Electricians license necessary for proper execution and completion of the Subcontractor’s work, other entities that wish to engage in electrical work shall be required to maintain a Vermont Electrical license, a Vermont apprenticeship registry, and/or suitable reciprocity. At no time shall the Subcontractor be held liable for those entities that engage in electrical work for the Contractor, Owner, Architech, and /or general Contractor and/or be required to do so by the Contractor, Owner, Architech , or by the Prime Contract.
4.2.2 The Subcontractor shall comply with Federal, State and local tax laws, social security acts, unemployment compensation acts and workers’ or workmen’s compensation acts insofar as applicable to the performance of the Subcontractor and /or the subcontractor's direct employees.
4.3 SAFETY PRECAUTIONS AND PROCEDURES
4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety measures as dictated by applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons or property in accordance with the requirements of local authorities. The Subcontractor shall notify the Contractor of any violations, whether affecting job performance or not. The Subcontractor shall have the sole right to forgo further work in the presence of unmitigated hazards the Subcontractor did not introduce without prejudice , reprisal, reproach or affect to the Subcontractors renumeration, the Contractor shall have the prime responsibility to delegate remedies for said hazard(s) for the Subcontractor's work to continue. The Subcontractor shall report to Worker's Comp within three days an injury to an employee or agent of the Subcontractor which occurred at the site.
4.3.2 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s Sub-subcontractor or anyone directly or indirectly employed by them, the Subcontractor shall, prior to harmful exposure of any employees on the site to such substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with such laws by the Contractor, other subcontractors and other employers on the site.
4.3.3 In the event the Subcontractor encounters on the site material reasonably believed to be lead, asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Subcontractor shall immediately stop work in the area affected and report the condition to the Contractor in writing. The Work in the affected area shall resume in the absence of lead, asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Contractor to the Subcontractor, or in accordance with final determination by the General Contractor on which arbitration has not been demanded, or by arbitration as provided in this Agreement. The Subcontractor shall not be required pursuant to Article 5 to perform without consent any Work relating to lead, asbestos or polychlorinated biphenyl (PCB).
4.4 CLEANING UP
4.4.1 The Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract every week. The Subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors.
4.4.2 All finished flooring, cabinets, appliances, windows, sliders, doors, etc. are to be masked off and/or covered with plastic by others prior to any other Subcontractor work of surrounding areas. It will be the responsibility of others to furnish the material and perform this task. Any overspray getting on the Subcontractors articles will be cleaned off that day.
4.5 WARRANTY4.5.1 The Subcontractor makes no warrants to the General Contractor and Contractor materials and equipment furnished by others under this Subcontract will be of good quality and new unless otherwise required or permitted by the Subcontract Documents, that the Work of this Subcontract will be free from defects, design flaws , code violations and/or deficiencies under the direction , design, desires, deletions, and authority of others not directly employed and/or provided by the Subcontractor. Work not conforming to requirements of others, including substitutions not properly approved and authorized, that may be considered defective shall not hold the Subcontractor liable. The Subcontractor’s warranty includes remedy for damage or defect caused by abuse, modifications not executed by the Subcontractor, improper or insufficient maintenance, improper operation, except for normal wear and tear under normal usage. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Subcontract Documents.
4.6.1 To the fullest extent permitted by law, the Subcontractor shall indemnify and hold the General Contractor, Contractor, Architect, Architect’s consultants, and agents and employees of any of them liable against any and all bodily injuries, claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from or attributable in any way to any aspect of the performance of the Subcontractor’s Work under the direction of the General Contractor, Contractor, Owner or Aristech, regardless of whether or not such bodily injury, claim, damage, loss or expense is caused in whole or in part by the negligence and/or ignorance hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 4.6.
4.6.2 In claims against any person or entity indemnified under this Paragraph 4.6 by an the Subcontractor, the Subcontractor’s Sub-subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 4.6 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable to the Subcontractor or the Subcontractor’s Sub-subcontractors under worker’s or workman’s compensation acts, disability benefit acts or other employee benefit acts.
4.6.3 The obligations of the Subcontractor under this Paragraph 4.6 shall extend to the liability of the General Contractor, the General Contractor’s consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the General Contractor, the General Contractor’s consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage.
4.7 REMEDIES FOR NONPAYMENT
4.7.1 If the Contractor does not pay the Subcontractor through no fault of the Subcontractor, within seven days from the time payment should be made as provided in this Agreement, the Subcontractor may, without prejudice to other available remedies, upon seven additional days’ written notice to the Contractor, stop the work of this Subcontract until payment of the amount owing has been received.
CHANGES IN THE WORK5.1 The General Contractor may make changes in the work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform work which would be inconsistent with the changes made by the Modifications to the Prime Contract.
5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changes or revised work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised work in a manner consistent with requirements of the Subcontract Documents.
5.3 The Subcontractor shall make claims promptly to the Contractor for additional cost, extensions of time and damages for delays or other causes in accordance with the Subcontract Documents. A claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be made in sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor’s claim must be made. Failure of the Subcontractor to make such a timely claim shall not bind the Subcontractor to the same consequences as those to which the Contractor is bound.
6.1 Any controversy or claim between the Contractor and the Subcontractor arising out of or related to this Subcontract, or the breach thereof, shall be settled by arbitration, which shall be conducted in the same manner and under the same procedure as provided in the Prime Contract with respect to claims between the General Contractor and the Contractor, except that a decision by the General Contractor shall not be a condition precedent to arbitration. If the Prime Contract does not provide for arbitration or fails to specify the manner and procedure for arbitration, it shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise.
6.2 The Contractor shall give the Subcontractor prompt written notice of any demand received or made by the Contractor for arbitration if the dispute involves or relates to the work, materials, equipment, rights or responsibilities of the Subcontractor. The Contractor shall consent to inclusion of the Subcontractor in the arbitration proceeding whether by joinder, consolidation or otherwise, if the Subcontractor requests in writing to be included within ten days after receipt of the Contractor’s notice.
6.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
6.4 This Article 6 shall not be deemed a limitation of rights or remedies which the Subcontractor may have under Federal law, under state mechanics lien laws, or under applicable labor or material payment bonds unless such rights or remedies are expressly waives by the Subcontractor.
TERMINATION, SUSPENSION OR
ASSIGNMENT OF [b]THE SUBCONTRACT
7.1 TERMINATION BY THE SUBCONTRACT[/b]7.1.1 The Subcontractor may terminate the Subcontract for no reason and under any circumstances and procedures without respect to the Contractor as the Contractor may terminate with respect to the General Contractor under the Prime Contract, or for nonpayment of amounts due under this Subcontract for 30 days or longer. In the event of such termination by the Subcontractor for any reason which is not the fault of the Subcontractor, Sub-subcontractors or their agents or employees or other persons performing portions of the work under contract with the Subcontractor, the Subcontractor shall be entitled to recover from the Contractor payment in full for work executed , accepted or not
7.2 TERMINATION BY THE CONTRACTOR
7.2.1 If the Subcontractor persistently or repeatedly fails or neglects to carry out the work in accordance with the Subcontract Documents or otherwise to perform this Agreement in a safe and workmanlike manner and fails within three days after receipt of written notice to commence and continue correction of such default of neglect with diligence and promptness, the Contractor may, in its sole discretion, after three days following receipt by the Subcontractor of additional written notice and without prejudice to any other remedy the Contractor may have, terminate the Subcontract and finish the Subcontractor’s work by whatever method the Contractor may deem expedient. The outstanding T&M balance of the Subcontract Sum shall be paid to the Subcontractor , regardless of completion and/or condition of work
7.3 ASSIGNMENT OF THE SUBCONTRACT
7.3.1 In the event of termination of the Prime Contract by the General Contractor, the Contractor may assign this Subcontract to the General Contractor, with the General Contractor’s agreement, subject to the provisions of the this Contract , without liable or regard to the prior rights of the surety, if any, obligated under bonds relating to the Prime Contract. If the work of the Prime Contract has been suspended for more than 30 days, the Subcontractor’s compensation shall paid in full.
7.3.2 The Subcontractor shall not assign the work of this Subcontract without the written consent of the Contractor, nor subcontract the whole of this Subcontract without the written consent of the Contractor, nor further subcontract portions of this Subcontract without written notification to the Contractor when such notification is requested by the Contractor.
THE WORK OF THIS SUBCONTRACT
8.1 The Subcontractor shall execute the following portion of the work described in the Subcontract Documents, including all labor, materials, equipment, services and other items required to complete such portion of the Work, except to the extent specifically indicated in the Subcontract Documents to be the responsibility of others:
To furnish Labor, Equipment, and Supervision for the following, all work according to Plans and Specifications.
SCOPE OF WORK:
Installation of a -------- amp incoming Electrical Service @ -------- street , --------- Vermont according to the direction , dictation, and discretion and major materials provided by -----------
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9.1 The Subcontractor’s date of commencement is the date from which the Contract Time of Paragraph 9.3 is measured; it shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in notice to proceed issued by the Contractor. Date of commencement is July 6th 2011.
9.2 Unless the date of commencement is established by a notice to proceed issued by the Contractor, or the Contractor has commenced visible Work at the site under the Prime Contract, the Subcontractor shall notify the Contractor in writing not less than five days before commencing the Subcontractor’s Work to permit the Timely filing of mortgages, mechanic’s liens and other security interests.
9.3 The Work of this Subcontract shall be substantially completed not later than the schedule set the Subcontractor, subject to adjustments of this Subcontract Time as provided in the Subcontract Documents.
Any overtime required to meet this completion date will be the responsibility of the Contractor and any additional cost incurred for such overtime will be passed on to the Contractor
9.4 Scheduling will only be of concern to the Subcontractor when the Subcontractor is made aware of the schedule. The Subcontractor shall not be held liable for lack of scheduling notification to the Subcontractor
9.5 An extension of time will be valid with the Contractor’s written consent after claim made by the Subcontractor in accordance with Paragraph 5.2.
10.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the sum of $------- per hr Vermont Licensed Electrician & $------- per hr Vermont Registered Apprentice due any payable to -------- inc ,subject to additional expenses as provided in this Subcontract Document.
11.1 Based upon application for payment submitted to the Contractor by the Subcontractor, without corresponding to Application for Payment submitted by the Contractor to the General Contractor, and Certificates for Payment issued by the General Contractor, the Contractor shall make progress payments on account of the Subcontract Sum to the Subcontractor as provided below and elsewhere in the Subcontract Documents.
11.2 Subcontractor must submit request/draws on the Contractor via. “INVOICE” form by 6 p.m. Monday for work completed the working week prior by in order to receive a check on that Friday. These Invoices are not subject to any other entities scrutinization , other than The Contractor
11.3 If an application for payment is received by the Contractor after the application date fixed above in 11.2, the Subcontractor’s invoice shall be included by the Contractor in the next Application for Payment.
11.4 Each application for payment shall be based upon the most recent work performed submitted by the Subcontractor in accordance with the Subcontract Documents. The 10.1 sums shall allocate the entire Subcontract T&M Sum for the work period invoiced ,among the various portions of the Subcontractor’s Work and be prepared in the Subcontractor's invoice form and supported by any additional data needed to substantiate its accuracy by the Subcontractor to the Contractor, shall be used as a basis for forwarding the Subcontractor’s payment.
11.5 Application for payment submitted by the Subcontractor shall not be required to indicate the percentage of completion of each portion of the Subcontractor’s Work as of the end of the period by the application for payment.
11.6 Subject to the provisions of the Subcontract Documents, the amount of each progress payment shall be computed as follows:
11.6.1 The Subcontracted Sum of 10.1 properly allocable to performed labor and/or materials as determined by the invoicing from the Subcontractor
Pending costs to the Contractor of changes in the Work which have been either properly, or improperly authorized by the Contractor, General Contractor, Owner ,Prime Contract, and/or Aritech shall not constitute any dispute, dismissal, holdup or other cause for nonpayment, nor shall the Subcontract Sum be adjusted due to disputes, affairs, or interferences of other entities of any legal or liable caliber
11.6.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitable stored at the site by the Subcontractor for subsequent incorporation in the Subcontractor’s Work or, if approved in advance by the General Contractor, suitably stored off the site at a location agreed upon in writing, less the same percentage retainage required by the Prime Contract to be applied to such materials and equipment in the Contractor’s Application for Payment;
11.6.3 Subtract the aggregate of previous payments made by the Contractor; and
11.6.4 Subtract amounts, if any, calculated under Subparagraph 11.6 or 11.6.1 which are related to work of the Subcontractor for which the Architect or General Contractor had withheld or nullified, in whole or in part, a Certificate of Payment for a cause which is the fault of the Subcontractor.
11.6.5 No retainage of payments pertinent to completion dates shall be with held or permitted by General Contractor and Architect.
11.8 SUBSTANTIAL COMPLETION
11.8.1 When the Subcontractor’s work or a designated week is complete in accordance with the requirements of this contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for such work. Within 7 days regardless of issuance by the General Contractor of the Certificate for payment covering such substantially completed work, the Contractor shall, to the full extent allowed in this Contract, make payment to the Subcontractor. Such payment to the Subcontractor shall be the entire unpaid balance of the Subcontract invoice(s) regardless of retainage allowed, instituted and/or demanded under the Prime Contract for the Subcontractor’s Work prior to the completion of the entire Project.
12.1 Final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by the Contractor to the Subcontractor when Subcontractor’s Work is fully performed in accordance with the requirements of Articles 10 & 11 of this contract
12.2 Before issuance of the final payment, the Subcontractor, if required, shall submit invoicing(s) to the Contractor for all labor, materials and equipment, and all known indebtedness connected with, and due and payable to the Subcontractor’s Work
TEMPORARY FACILITIES AND WORKING CONDITIONS
13.1 The Contractor shall furnish and make available to the Subcontractor the following temporary facilities, equipment and services; these shall be furnished at no cost to the Subcontractor unless otherwise indicated below
13.2 Specific working conditions shall be addressed pertinent to State and Federal laws, ordinances, and codes as closely as possible
14.1 Where reference is made in this Agreement to a provision of the General Conditions, Prime Contract or another Subcontract Document, the reference refers to that provision as amended or supplemented by the provisions of this Subcontract Document .
14.2 Payments due and unpaid under this Subcontract shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the place where the Project is located @ 1.5% monthly, 18% annum
14.3 Subcontractor to supply supervision anytime work is in progress , for work requested of the Subcontractor according to the scope of this contract.
14.4 Subcontractor to abide by the safety policy Osha regs, a copy will be provided upon request Attendance to safety meetings is required as notified by superintendent on site.
14.5 Clean up is the responsibility of the subcontractor for all trash due to the scope of his work. This clean up is to be done daily or as required by the Superintendent on site, proper trash removal & receptacles being provided by others.
ENUMERATION OF SUBCONTRACT DOCUMENTS
15.1 The Subcontract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: NONE
15.1.1 This executed Modified Form of Standard Agreement between Contractor and Subcontractor.
15.1.2 No Prime Contract, except as refered to for purposes of this document, consisting of the Agreement between the General Contractor and Contractor dated as first entered above and the other Contract Documents enumerated in the General Contractor-Contractor Agreement; Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda and other documents enumerated therein;
15.1.3 The following Modification to the Prime Contract, if any, issued subsequent to the execution of the General Contractor-Contractor Agreement but prior to the execution of this Agreement, as noted ,abridged and addressed by this document
15.1.4 Other Documents, if any, forming part of the Subcontract Documents are as follows: NONE
This Agreement entered into as of the day and year written below, with full knowledge and consent of all content without prejudice or duress
Mr ---------------- Contractor Mr. ---------------------- aka Subcontractor
(Print Name & Title) (Print Name & Title)
This day of July _____2011
Authenticated as witnessed via Notary_____________________________________________________
Edited by sparky (08/09/11 08:01 PM)