Subcontracting-Uniform Conditions Clause Samples
The Subcontracting-Uniform Conditions clause establishes standardized terms and requirements that apply when a party subcontracts part of its contractual obligations to another entity. Typically, this clause outlines the conditions under which subcontracting is permitted, such as requiring prior written consent from the main contracting party and ensuring that subcontractors adhere to the same standards and obligations as the original contractor. Its core function is to maintain consistency and quality across all parties involved in the contract, while also managing risks associated with delegating work to third parties.
Subcontracting-Uniform Conditions. (a) The Employer shall notify the Union of the subcontractor(s) chosen to perform work.
(b) If it becomes necessary to subcontract work covered by this agreement, the Employer agrees to subcontract such work to signatory subcontractors when the Employer deems such subcontractors are available and competitive.
(c) Whenever the Employer is obligated contractually, to satisfy statutory or regulatory subcontracting requirements, or the work is being performed in a remote locality, the Union and the Employer mutually agree to waive all restrictions on subcontracting contained in this Section.
Subcontracting-Uniform Conditions. The Employers agree that in the event any of the work coming under the scope of this Agreement is to be sub-contracted, they shall:
a) Furnish the Union the name and address of said sub-contractor immediately upon awarding the sub-contract.
b) Shall require sub-contractor to be signatory to and in compliance with this Agreement. The Union agrees to allow a sub-contractor to be bound by the terms of this Agreement, on that work performed for an Employer or an individual project without binding the sub-contractor to this Agreement on any other work for the same or any other Employer.
c) Upon notification by the Union the Employer shall assume the responsibility to see that the Sub-contractor adheres to the wages and conditions outlined in this Agreement and that Pension, Health & Security and Training Fund contributions are timely.
d) The Union agrees to notify the Employer within 15 days of any delinquent payment of wages and within 45 days of any delinquent fringe benefits owed by the subcontractor, and to further issue a certificate to the Employer or the subcontractor when these payments have been made in order that the Employer may make payment to the subcontractor. The 45 day provision of this Article will not apply to inaccurate or falsified reports.
e) Whenever the Employer is obligated to satisfy owner’s required recruiting requirements, the Union and the Employer by mutual agreement may waive subsection (b) and (c) prior to commencement of the work in the event an Employer and Union are unable to find qualified competitive union minority subcontractors.
Subcontracting-Uniform Conditions a) Except as provided in paragraphs b and c & d below, the Employers agrees not to subcontract any work at the site of the construction covered by the terms of this Agreement to any subcontractor unless said subcontractor agrees in writing to perform said work subject to all terms and conditions of this agreement. Prime contractors shall assure that subcontractors engaged to perform work under the terms of this Agreement shall become signatory to this Agreement prior to performing said work. The Union agrees to allow a subcontractor to be bound by the terms of this agreement, on that work [performed for an Employer on an individual project] without binding the subcontractor to this Agreement on any other work for the same or any other Employer.
b) Whenever the Employer is obligated to satisfy DBE-WBE recruiting requirements the Union and the Employer mutually agree to waive this provision prior to commencement of the work in the event an Employer and Union are unable to find qualified competitive union minority subcontractors.
c) When potential union subcontractors are not available in the locality of the job site to perform the work and/or where the general contractor receives no competitive union bids, the Employer and the Union mutually agree that this provision Section 4 is fully waived.
d) For the purposes of this Agreement, the Employer is entitled to designate a bid as non-competitive when it is not the lowest bid.
e) If requested, furnish the Union the name and address of said sub-contractor immediately upon awarding the sub-contract.