Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (a) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Documents, (b) to furnish all materials within the time specified herein, with all necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder. (c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Documents. (d) The installation of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and to its approval. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work shall rest with Subcontractor.
Appears in 4 contracts
Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project.
(b) Subcontractor agrees (ai) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Contract Documents, (bii) to furnish all materials within the time specified herein, with all the necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Contract Documents and to the satisfaction of the Owner, Architect Architect, and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (diii) to remove and replace any defective materials or work forthwith on notice from Architect Architect, Owner or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (eiv) to perform the work entirely at the Subcontractor’s risk, (fv) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (gvi) to secure and pay for those permits required by the Subcontract Contract Documents and to be secured for the work applicable to this Subcontract, and (hvii) to provide a full- full-time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder.
(cb) Subcontractor shall prepare, and obtain approval as required by the Subcontract Contract Documents for, for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Contract Documents.
(dc) The installation By commencement of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and Work hereunder, Subcontractor acknowledges that all related, adjacent or dependent work, services, utilities or materials are acceptable to its approvalit. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work Work shall rest with Subcontractor. Unless prior damage is reported in writing by Subcontractor to Contractor, Subcontractor hereby waives any and all claims for damages or extras with respect to defects in or failure of such work, services, utilities or materials.
(d) Subcontractor agrees to perform all work exclusively at the direction of Contractor. Any work performed or action taken as a result of direction by or contact with Owner, Architect or anyone other than Contractor, shall be deemed a material breach of contract, and shall have been performed at Subcontractors own risk, and without obligation by Contractor to pay for such work. Any work performed as a result of direction by or contact with anyone other than Contractor shall be considered work performed outside of the scope of this Agreement.
(e) Subcontractor agrees to attend all meetings, upon twenty-four (24) hours’ notice, written or oral, called by Contractor concerning the Project. Should Subcontractor fail to attend such meetings, Contractor, in its sole discretion, may terminate this Subcontract, and Contractor shall have all the rights or remedies provided at law or in equity, including those specified in Paragraph 19.
(f) Subcontractor assumes full responsibility for the proper interpretation and interpolation of all lines, levels and measurements and their relation to bench marksbenchmarks, property lines, reference lines and the work of Contractor or other subcontractors. In all cases where dimensions are governed by conditions already established, the responsibility for correct knowledge of the conditions shall rest entirely on Subcontractor. No variations from specified lines or grades or dimensions shall be made except on written authority of Contractor. All portions of the Work shall be made to conform to actual, final conditions as they develop in the course of construction.
(g) Subcontractor shall keep and maintain Daily Job Reports which show, at a minimum, the date, names of Subcontractor employees working on the Project, theProject, the number of hours worked by each employee, the location of work, a description of the particular scope of work being performed, and any delays or obstructions affecting the ability of Subcontractor to timely perform. Subcontractor shall produce these Daily Job Reports to Contractor upon request. Subcontractor’s compliance with this provision of the Subcontract and Contractor’s review of any Daily Job Reports do not in any way substitute for any requirement Subcontractor has under the Subcontract to submit written claims for additional time, additional compensation, or any other provision for which notice is required. Simply stated, a Daily Job Report is not a claim nor notice of a claim, andclaim and shall not be treated as such.
Appears in 1 contract
Samples: Subcontract Agreement
Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project.
(b) Subcontractor agrees (ai) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Contract Documents, (bii) to furnish all materials within the time specified herein, with all the necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Contract Documents and to the satisfaction of the Owner, Architect Architect, and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (diii) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder.any
(cb) Subcontractor shall prepare, and obtain approval as required by the Subcontract Contract Documents for, for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Contract Documents.
(dc) The installation By commencement of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and Work hereunder, Subcontractor acknowledges that all related, adjacent or dependent work, services, utilities or materials are acceptable to its approvalit. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work Work shall rest with Subcontractor. Unless prior damage is reported in writing by Subcontractor to Contractor, Subcontractor hereby waives any and all claims for damages or extras with respect to defects in or failure of such work, services, utilities or materials.
(d) Subcontractor agrees to perform all work exclusively at the direction of Contractor. Any work performed or action taken as a result of direction by or contact with Owner, Architect or anyone other than Contractor, shall be deemed a material breach of contract, and shall have been performed at Subcontractors own risk, and without obligation by Contractor to pay for such work. Any work performed as a result of direction by or contact with anyone other than Contractor shall be considered work performed outside of the scope of this Agreement.
(e) Subcontractor agrees to attend all meetings, upon twenty-four (24) hours’ notice, written or oral, called by Contractor concerning the Project. Should Subcontractor fail to attend such meetings, Contractor, in its sole discretion, may terminate this Subcontract, and Contractor shall have all the rights or remedies provided at law or in equity, including those specified in Paragraph 19.
(f) Subcontractor assumes full responsibility for the proper interpretation and interpolation of all lines, levels and measurements and their relation to bench marks, property lines, reference lines and the work of Contractor or other subcontractors. In all cases where dimensions are governed by conditions already established, the responsibility for correct knowledge of the conditions shall rest entirely on Subcontractor. No variations from specified lines or grades or dimensions shall be made except on written authority of Contractor. All portions of the Work shall be made to conform to actual, final conditions as they develop in the course of construction.
(g) Subcontractor shall keep and maintain Daily Job Reports which show, at a minimum, the date, names of Subcontractor employees working on the Project, the number of hours worked by each employee, the location of work, a description of the particular scope of work being performed, and any delays or obstructions affecting the ability of Subcontractor to timely perform. Subcontractor shall produce these Daily Job Reports to Contractor upon request. Subcontractor’s compliance with this provision of the Subcontract and Contractor’s review of any Daily Job Reports do not in any way substitute for any requirement Subcontractor has under the Subcontract to submit written claims for additional time, additional compensation, or any other provision for which notice is required. Simply stated, a Daily Job Report is not a claim nor notice of a claim, and shall not be treated as such.
Appears in 1 contract
Samples: Subcontract Agreement
Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project.
(b) Subcontractor agrees (a1) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Documents, (b2) to furnish all materials within the time specified herein, with all necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c3) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d4) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e5) to perform the work entirely at Subcontractor’s risk, (f6) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g7) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) 8) to provide a full- full-time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder.
(c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Documents.
(d) The installation of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and to its approval. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work shall rest with Subcontractor.
(e) Subcontractor shall, on an annual basis on a date to be determined by Contractor, provide information as required to comply with Contractor’s prequalification program. Subcontractor’s failure to provide the required information will be addressed as set forth in Paragraph 16 of this Agreement.
Appears in 1 contract
Samples: Subcontract Agreement
