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CONSTRUCTION CONTRACT
This Construction Contract (the “Agreement”) is made this 4th day of April, 2015,
Between Contractor: Jeffrey Jones (as an agent / representative of Weatherman Time, Inc)
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And Subcontractor: Stephen Cochran (as an agent / representative of Wood Crapo LLC)
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The CONTRACTOR and SUBCONTRACTOR for good and valuable consideration Agree to the Terms set forth below.
I. CONTRACT DOCUMENT: The Contractor documents for this contract consist of this agreement, the agreement between and the owner(s) and Contractor, the drawings and specifications including changes made prior to construction, and changes made during construction between the owner(s) and Contractor and agreed upon by the parties to this contract. All of these documents form this contract and are fully part of this contract.
II. THE WORK: The Subcontractor shall perform all of the work and provide all of the materials called out by this contract for Subcontractor's trade including but not limited to work/materials described as follows:
The work and materials are to be provided to any and in accordance with the plans and specifications for construction site. All labor and materials shall meet and be in accordance with acceptable building trade practices. No work shall be deemed acceptable until final inspection and approval is received from the Contractor.
III. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION: Subcontractor will proceed and complete all work and provide all materials per Contractor's schedule, based on Contractor's Superintendent/Construction Manager giving a minimum of ten (10) calendar days lead time for each activity, of Subcontractor.
IV. THE CONTRACT PRICE: Subcontractor will show contract prices and extra(s) (if any) on all invoices. The rights to payment will not begin until Subcontractor has a signed start order from Contractor.
V. PROGRESS PAYMENTS: The Contractor shall pay to the Subcontractor as close as is practical to the 5th day of each month in full for work performed and completed in accordance with the attached invoices to the subcontract.
VI. INSURANCE: Prior to starting any work, the Subcontractor shall obtain liability, property and casualty insurance from a responsible insurer having minimum limits of not less than Two Hundred Dollars ($200.00) for liability and Two Hundred Fifty-Eight Dollars ($258.00) for property and casualty losses for each occurrence. Subcontractor must submit a Certificate of Insurance prior to starting work. A Workers' Compensation Insurance Certificate covering Subcontractors and all of their employees must also be presented to Contractor prior to commencement of work and kept up-to-date. General Liability coverage shall be primary and non-contributory. Waiver of subrogation is in favor of certificate holder.
VII. WORKING CONDITIONS: Subcontractor is to remove all debris from each lot and/or dwelling related to its work or keep debris in onsite trash bins if provided by Contractor as the debris is generated. Failure to clean up or control trash and debris will result in a back charge to Subcontractor by Contractor for all costs or delays incurred.
VIII. TERMINATION: Contractor may terminate this Agreement for cause, if Contractor determines. Subcontractor is failing to timely carry out scheduled work, perform or repair punch list items, perform warranty work, or is in violation of any term or provision of this contract. In addition, the Agreement may be terminated by either Contractor or Subcontractor upon the giving of five (5) days prior notice to the other party. If this Subcontractor is terminated for cause. Contractor shall have the right to finish any ongoing construction. A Subcontractor will have the duty and obligation to perform all warranty work for work completed by Subcontractor. If this Agreement is terminated pursuant to the notice and five (5) days provision as stated herein the Subcontractor shall be bound to the terms of this contract as to the finishing of all work under construction and all work for which Subcontractor has start orders. All work to complete this Agreement by Subcontractor will be done in strict accordance with the terms and provision of this agreement.
IX. SITE DAMAGE AND MATERIALS: Any damage caused to the construction site, curbs, gutters, sidewalks or any building being constructed by the Subcontractor, its employees, or suppliers shall be paid for by Subcontractor upon request by Contractor. Any work or materials, which do not meet building codes and do not pass inspection will be promptly removed and replaced at Subcontractor's sole expense. If Contractor suspects unacceptable or improper labor, materials or contract performance and the work has been covered. Contractor may uncover the work and if the labor, materials, or performance by Subcontractor is determined not to be up to standards of this contract, then the Subcontractor shall pay all costs of uncovering, repair, replacement and the recovering of any damage done. All work is to be performed in a workman like manner and materials, used in any construction for contractor is to be new and of first quality.
X. DELAYS: Subcontractor agrees it will use due diligence to see that all work under this contract is performed in a timely manner and Subcontractor agrees to be responsible for and pay for any damages, injuries or losses incurred by Contractor due to delays in construction caused by Subcontractor. Subcontractor will not be responsible for any delays resulting from acts of nature, strikes, war. or matters beyond Subcontractor's control.
XI. EXTRAS: No payment shall be made by Contractor to Subcontractor for any work or materials provided or claimed unless Contractor agrees in a written authorization, given prior to the providing of such labor or materials. All approvals must be in writing and given prior to the commencement of the work or materials provided.
XII. INDEMNITY: Subcontractor agrees to and does hereby hold Contractor harmless from any and all claims, actions, damages, costs or Attorney's fees arising out of the acts or omissions of Subcontractor, its employees, agents or suppliers with regard to the performance or omission of any of Subcontractor's duties and obligations under this contract. The indemnity extends to any claims asserted by any subsequent property owner alleging improper or defective workmanship, materials in any work done or materials provided by Subcontractor.
XIII. LICENSE-WARRANTY: At all times the term of this contract Subcontractor shall maintain its license and license in full force and effect. Subcontractor shall be bound to provide the warranty required by the Registrar of Contractors on all labor provided and if there is an extended warranty beyond the requirement. Subcontractor shall provide copies of such warranties upon request to Contractor.
XIV. PLANS: If changes or modifications are made from the plans by Subcontractor to any construction, it must first be approved by Contractor.
XV. HOLD BACK AND COMPLETION: Upon the termination of this Agreement for any reason. Contractor may hold back all unpaid funds until proper completion of work and full provision of labor and materials by Subcontractor. If Contractor must complete work or hire others to complete any work begun or contracted for by Subcontractor. Subcontractor shall be fully liable to pay for full cost of completing such work.
XVI. SEVERABILITY AND SURVIVABILITY: If any term or provision of this Agreement is deemed by a court of law to be unenforceable or invalid, the remainder of this Agreement shall be fully enforceable. The terms of this Agreement shall be binding upon the heirs, executors, assignees, and trust successors of the parties hereto.
Dated this 4th day of April, 2015.
CONTRACTOR   SUBCONTRACTOR
     
Jeffrey Jones   Stephen Cochran

 


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