This Subcontract is entered into by and between ____________ ("Contractor") and __________________ ("Subcontractor"), and shall become effective upon the signature of the last of the two parties to execute their names at end of this document. The parties HEREBY ENTER into the following subcontract: WITNESSETH: WHEREAS Contractor has entered into, or will hereafter enter
into, a general
construction contract, henceforth "The Prime Contract" with:
_________________
(Owner or General Contractor), to perform in accordance with various
contract documents
and specifications certain work prepared by: ________________,
henceforth "Architect",
and/or to furnish labor, materials, supplies, labor and/or goods
required to construct
the following named and described construction project: _____________________________, henceforth "The Project",
located in
______county, at ___________________ address, and WHEREAS Contractor desires to retain Subcontractor to perform
certain contract
work in accordance with various contract documents and specifications
and/or to
furnish labor, materials, supplies, labor and/or goods for The Project; NOW THEREFORE Contractor and Subcontractor agree as follows: ARTICLE I. SUBCONTRACT WORK 1.1 Subcontractor shall be employed as an independent
contractor and shall provide
and furnish all labor, materials, tools, supplies, equipment, services,
facilities,
supervision, and administration necessary for the proper and complete
performance
and acceptance of the following portions of the work, hereinafter "the
Subcontract
Work", for the Project, together with such other portions of the
drawings,
specifications and addendum as related thereto: SEE EXHIBIT A: Scope, Conditions, And List of Attachments ARTICLE II. SUBCONTRACTOR PRICE 2.1 In consideration of Subcontractor's performance of this
Subcontract, and
at the times and subject to the terms and conditions hereinafter set
forth, Contractor
shall pay to Subcontractor the total sum of ____________ dollars
($000,000.00),
hereinafter "subcontract price." Said subcontract price is dependant
upon
the conditions set forth in Exhibit A being met. Should said conditions
not be met,
the subcontract amount shall be modified accordingly. ARTICLE III. SPECIAL CONDITIONS The Special Conditions to Subcontract (Articles I through XXI)
are incorporated
in this Subcontract as though fully set forth herein. Subcontractor
hereby acknowledges
receipt of the Special Conditions. ARTICLE IV COMMUNICATION AND NOTICE 4.1 All communications between Subcontractor and General
Contractor, Owner or
Architect shall be via Contractor. 4.2 Subcontractor shall furnish Contractor with periodic
progress reports as
required by Contractor, including status of material, equipment,
manpower and submittal. 4.3 Subcontractor shall be deemed to have received notice of a
fact, request,
order, or demand when its Superintendent is notified, either orally or
in writing,
or three (3) days after written notice is sent by registered or
certified mail addressed
to Subcontractor's last known place of business, whichever is sooner. 4.4 Contractor shall be deemed to have received notice of a
fact, request, or
demand three (3) days after written notice is sent by registered or
certified mail
addressed to the following address: (Contractor's address) ARTICLE V GOVERNING LAW AND RULES OF CONSTRUCTION 5.1 The validity, interpretation, and performance of this
Subcontract shall be
governed by the laws of the jurisdiction where The Project is located. 5.2 Titles, captions, or headings to any provision, article,
etc., shall not
limit the full contents of the same. These articles have the full force
and effect
as if no titles existed. 5.3 If any term or provision of this Subcontract is determined
to be invalid,
it shall not affect the validity and enforcement of the remaining terms
and provisions
of this Subcontract. 5.4 This contract shall be binding upon and inure to the
benefit of the respective
successors, assigns, representatives, and heirs of the parties herein. ARTICLE VI AMENDMENT 6.1 This Subcontract shall only be amended or modified by
written document executed
by authorized representatives of Contractor and Subcontractor. This
Subcontract
supersedes all prior representations made by Contractor. ARTICLE VII ARBITRATION 7.1 Any and all disputes or claims between the Contractor and
the Subcontractor
arising out of this Subcontract shall be resolved by submission of the
same to GAMA,
Inc., for resolution by binding arbitration according to GAMA's Rules
of Arbitration.
In so agreeing the parties expressly waive their right to a jury trial,
if any,
on these issues and further agree that the award of the arbitrator
shall be final
and binding upon them as though rendered by a court of law and shall be
enforceable
in any court having jurisdiction over the same.
|