SUBCONTRACT
On ___ day of ____________, 20 ____,
________________________,
henceforth "Contractor" and ____________________________,
henceforth "Subcontractor", 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.
THIS SUBCONTRACT IS ACKNOWLEDGED AND EXECUTED AS OF THE DATE
SET
FORTH ABOVE:
____________________________ ____________________________
SUBCONTRACTOR CONTRACTOR
By: _______________________ By:
________________________
Titles: ____________________ Title: _____________________
