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Subcontract Agreement(Short Form)
Subcontract Agreement(Short Form)
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This agreement is made this
day of 20 10 , by and between Mallen Construction, Inc. (Contractor) and
(Subcontractor) to perform the Work identified in Article 2 in accordance with the Project's Contract
CONTRACTOR: Mallen Construction, Inc.
Article 1
CONTRACT PAYMENT. The Contractor agrees to pay Subcontractor for satisfactory performance of Subcontractor's Work the sum of
Dollars ( $ ).
Progress payments, less retainage of 10%, shall be made to Subcontractor for Work satisfactorily performed no later than Seven ( 7 )
days after receipt of payment from Owner for Subcontractor's Work. Final payment of the balance due shall be made to Subcontractor not later than
Seven ( 7 ) days after receipt by Contractor of final payment from Owner for Subcontractor's Work. These payments are subject to
receipt of such lien waivers, affidavits, warranties, and guarantees required by the Contract Documents or Contractor.
Article 2
(a) Subcontractor shall furnish necessary labor, materials, services, tools, equipment and other things necessary to fully perform and complete the
Work in cooperation with the other trades in a good and workmanlike manner to the satisfaction and acceptance of Contractor and Owner and
perform all the Work as set forth herein (hereinafter referred to as the "Work").
(b) No claim shall be made due to minor variations in the actual conditions of the premises from what is shown on the plans. Subcontractor shall
examine the premises, note and ascertain the existing conditions at the site and the nature and location of the Work. All Work affected or
governed thereby or required for the thorough and satisfactory execution and completion of his Work, whether indicated or specified or not, and
regardless of quantity estimated, shall constitute part of this Subcontract and shall be performed without extra charge.
(c) Subcontractor agrees to commence Subcontractor's Work herein described upon notification by Contractor, and to perform and complete such
Work in accordance with Contract Documents and under the general direction of Contractor in accord with Contractor's schedule. This shall
include all work necessary or incidental to complete the:
Work for the Project as more particularly, though not specified in
Article 3
(a) Subcontractor hereby acknowledges that time is of the essence with respect to the Contractor's completing the Project pursuant to the General
Contract and that such completion is substantially dependent upon Subcontractor's performance of this Subcontract on or before the dates set
forth in the Progress Schedule and/or Progress Meetings. Time, therefore, is of the essence in this Subcontract.
(b) Subcontractor shall turn the Work over to Contractor in good condition and free and clear of all claims or liens arising from the performance of
the Subcontract, and shall, at his expense, defend all suits and pay all claims arising from his performance of this Subcontract.
(c) Subcontractor covenants and agrees that he shall not employ any labor which will interfere with labor harmony at the job site or with the
introduction and storage of materials and execution of Work by other subcontractors. If Subcontractor breaches this covenant and such breach
shall cause a stoppage or Work at the job site, Subcontractor shall be liable for all damages suffered by Contractor caused by such delay in
completing the job, including specifically any penalty or liquidated damages in the General Contract imposed upon Contractor for failing to
complete the job on the completion date set forth in such Contract.
(d) Subcontractor shall, prior to submission of his first requisition for payment, supply to Contractor the name, address and telephone number of
every supplier or Subcontractor furnishing materials and/or labor to Subcontractor for the Work covered herein and a cost breakdown of this
(e) Subcontractor shall comply with all laws, ordinances and regulations relating to the manner of doing the work or to the supplying of the material
at the job site, and shall provide safe working conditions for his employees, other employees and the public.
(f) If any part of Subcontractor's work, depends for proper execution or results upon the work of any other Subcontractor, Subcontractor shall
inspect and promptly report to Contractor any defects in such work that render it unsuitable for such proper execution and results.
Subcontractor's failure to inspect and report shall constitute an acceptance of the other Subcontractor's work as fit and proper for the reception
of Subcontractor's work.
(g) Time is of the essence. Subcontractor shall provide Contractor with any requested scheduling information of Subcontractor's Work. The
Schedule of Work, including that of this Subcontract shall be prepared by Contractor and may be revised as the Work progresses.
Subcontractor recognizes that changes may be made in the Schedule of Work and agrees to comply with such changes without additional
compensation. Subcontractor shall coordinate its work with all other contractors, subcontractors, and suppliers on the Project so as not to delay
or damage their performance, work, or the Project.
Article 4
(a) Contractor may authorize changes to or deductions from the Work, said authorization to be effective and binding only when written (hereinafter
referred to as "extra work").
(b) Whenever extra work is requested by Contractor and the scope and nature of same is reasonably susceptible to lump sum quotation,
Subcontractor shall provide such quotation within five (5) days of a request for same.
(c) Any claim for compensation for extra work, whether lump sum or otherwise, must be presented to Contractor within five (5) days of authorization
of the extra work. Claims for extra work received thereafter will not be considered. Proper claims for extra work shall be paid in accordance
with this Subcontract Agreement.
(d) Duly authorized extra work is hereinafter deemed included in the "Work". No dispute as to adjustments in the Contract Amount for extra work
shall excuse Subcontractor from proceeding with the Work.
(e) Contractor, without nullifying the Agreement, may direct Subcontractor to make changes to Subcontractor's Work. Adjustment, if any, in the
contract price or contract time resulting from such changes shall be set forth in a Subcontractor's Change Order pursuant to the Contract
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