Common use of Contractor Responsible for Acts and Omissions of Subcontractors, Materialmen, Suppliers and Employees Clause in Contracts

Contractor Responsible for Acts and Omissions of Subcontractors, Materialmen, Suppliers and Employees. The Contractor agrees that it is as fully responsible for the acts and omissions of its Subcontractors, materialmen, suppliers, and employees (and of entities either directly or indirectly employed by any of them) as the Contractor is for the acts and omissions of entities directly employed or engaged by the Contractor. The failure of a Subcontractor, materialman, supplier, or employee to timely and properly perform any Work shall not be asserted by the Contractor as an excuse for any omission from, or noncompliance with, the requirements of the Contract Documents; nor shall the Contractor be entitled to an extension of the Contract Time because of any failure of a Subcontractor, materialman, supplier, or employee to timely perform the Work unless such failure was a direct result of some critical delay to the Subcontractor, materialman, supplier or employee of the kind and character described under Article 28 of the General Conditions for which the Contractor shall have requested and received an extension of time under the terms of Article 28 of the General Conditions. The subcontracting of work does not relieve the Contractor of the full responsibility for the execution of the Work and for compliance with all requirements of the Contract Documents. The Contractor may not assert negligence, inefficiency, insolvency, bankruptcy, or incompetence of any Subcontractor, materialman, supplier, or employee as excuse for any noncompliance with methods and material designated in the Contract Documents. As to Subcontractors, materialmen, suppliers and employees of the Contractor, the doctrine that a principal is liable for acts and omissions of his agent shall be binding on the Contractor, and the Contractor may not reverse the aforesaid doctrine by serving as a conduit or agent for its Subcontractors, materialmen, suppliers and employees. Any provision in any Contract between the Contractor and any Subcontractor pursuant to which the Contractor is obliged to present to the Owner any claim of any Subcontractor shall be invalid, null and void.