13-14308 - Laserfiche WebLink

Browse Search

evidence reusonably indicnting the probable filing of such claims;(v)Any failure by Subcontructor to make payments to its subcontractors,suppliers,or laborers for the work; (vi)Any failure to carry out the Work m accordance with the Subcontract; {vii)There is substantial evidence reasonably estabiishing that the Work is not progressing in accordance with, or will not be completed within, the Schedule, or (viii) Failure by Subcontr�cror to furnish certificates of insurance m compliance with Sec[ion I](d)or bonds in compliance with Section 20. Without limitation of the foregoing, in no event shall Subcontractor be entitled to receive any form of payment unless 1nd until Contracror has received payment therefore from Owner. 2(c•). Accepta►ice of the Work Neither any certificate given nor any payment made under this Subcontract shall be considered acceptance of the Work, either in whole or in part. Subcontractor sh�ll remain responsible and liable for its performance being in strict compliance with this Subcontract and the Prime Conlract. 2(d). Final Billing and Fina!Payn:ent. Final billing from Subc;ontractor, includmg billing for any Change Orders, must be submitted to Contractor not later than thirty (30)days after completion of the Work. Failure to submit said billing within such time shall be an absolute waiver of an;y right of Subcontractor ro daim�ny further payment from Contracror. Final payment shall become payable ten(10) days after the occurrence of a1] of the following: (i) final completion of the Project; (ii) final written acceptance thereof by Owner;and(iii)receipt of full payment therefore by Contractor. Acceptance of final payrnent by Subcontractor constitutes a General Release of Contractor,Owner and Contractor's surety 2(e). Paynients by Sr�bcontractor. Subcontractor shall pay all bills, invoices, charges and the like, for all labor,services,equipment,and materials acquired or used by Subcontractor for performance of the Work, at the time that payment thereon is due. Failure Uy Subcontractor to do s� sh�ll c�onstilute a material breach of this Subcontrnct and an event of default. 3{�r). Appeals. Contractor may, upon the written request of Subcontractor, appeal on behalf of Subcontractor from 1ny ruling or decision by Owner,the Architect or the Engineer,or institute any achon ur proceeding ro recover damages by reason of any ntfirm�Uve claim by Subcontractor or by renson of any deduction or refusal to pay by Owner, for any reason, involving the Work or the performance of Sub�on[ractor. In [hat event, Subcontractor shall p1y all costs attributable thereto and shall render all usa�stance reyuested by Contractor Subcontractor shall be bound by the determinahon of Ownei•, the Archrtect or Engineer or, in the event of an appeal or further action or proceeding, by the determination of the same,and shall be entided only ta �ts proportionate share of any actual ne1 recovery, less ovf>rhead and profit to Contractor and less Contractor's expenses and attorney's fees in handling said matter, Subcontractor hereby waives and releases any 1nd all claims, causes of action, and rights to further payment beyond the Subcontract price,except as Conlrlctor may rece�ve funds or extensions of time from the Owner relating to the Subcontractor's Work or performance. 3(b}. No Delay Becatrse of Claim. Subcontractor sha11 not delay or stop Work because of the pendency or denial of any claim or becluse of the continuance of any conditions out of which su�:h claim is alleged ta have arisen. Rather, Subcontractor shall proceed diligendy in the performan�e of this Subcontract until this Subcontract has been fully performed. 3(c). Claims. Any claim of Subeontr�etor for �dditional compensation, hme., or other consider�tion ansing out of or relating to the Subcontr�ct or the Work to be performed hereunder shall Ue waived unless such claim is set forth in detail in� written notice to Contractor,and delivered ro Contracror as soon�s reasonable in the circumstances, but in any event no later than ten(10) calendar daus �fter the accurrence of any condition out uf which such claim allegedly;trises. 4{a). Tiniely Progress of fhe Work. Subconh•acror recognizes xnd assumes C'ontractor's obVigation to Owner for timely progress upon, and completion of, the Work and each pt�r[ [hereof, and agrees thlt time is of the essence in the performance of the Work. At all times prior to ,ind during performance of the Work,Subcontracror shall become and remain knowledgeable about the progress of the Project, and shAll make any and all arrangements and adjustments necessary to coordinate its Work with, and not impede, that of Contractor and others. Subcontracror agrees to perform the Work m accordance with Contracror's schedule for the Project (hereinafter "Schedule") Subcontractor acknowledges that he hns satisfied himself as ta ►he contents of the Schedule prior to execution of this Subcontract. i3o6-ts-3oo ?nge 3 of 13 Subcontract Agreement(L.ong Foini) Reviscd 06/08l10