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' Construction Contract
<br /> GENBFt�iL CONDITIONS
<br /> ' A. The Contractor shatl fumish the OHmer's Representative,prior to execution of the Contract,a complete list of all major Subcontractors and
<br /> material Suppliers who are proposed for the exccution of ihe Work. .
<br /> , B. No Work may be subcontracted withont the prior written acceptance of the Owner's Representative who reserves the right not to accept any
<br /> proposed Subcontractorwhoserecord does notestablish,in theOwner's sole discretion,the experience,competence and financial abilityofthe proposed subcontractor
<br /> to perfom►the Work. The Owner shall not be liable for any additional costs incurred by the Contractor should it withhold its approval of any subcontractor.
<br /> C. No payment will be made to the Contractor for work performed by a subcontractor not accepted by the Owner.
<br /> � � D. The Owner shall have the right to contact Subcontractors and Suppliers directly to ascertain(1}what amounts,if any,are due to them from
<br /> the Contractor,(2)the projected costs of completing the remaining portion of Uteir Work,and(3)the scope and amount of any claims and dispvtes between the
<br /> Subcontractor or the Supplier and!he Contractor.
<br /> � E. Notiiing contained in the Contract Documents shall create any contractuat relationship between any Subcontractor and the Owner or any agent
<br /> ar emptoyee of the Owner. Nothing in the Gontract Documents,including thc provisions of Paragraph 37,shali create any obligation on the part of the Owner,or
<br /> any employee or agent of Owner,to pay or to see to the payment of any sums to any Subcontractor or Sub-subcontractor or ariy other parly not directly contracting
<br /> ' with the Owner.
<br /> F. The Owner shall have the rigl►t to review,with proposed Subcontractors and the Contractor,the elements of the Work W be per!'ormed by the
<br /> Subcontractors in order to find ways of reducing the Cost of the Project and the Contractor agrees to cooperate fully with the Owner in this regard
<br /> � 31. RELATTONS OF CONTRAGTOR AND SUSCONTRACTORS
<br /> A Relations
<br /> , The ConhacWr agrees to bind every Suboontractor and every Subwntractor sha�t agree to be bound by the terms of the Conuact Documenis as far as
<br /> applicable to his Work,inctading the foliowing provisions of this Paragraph 31.
<br /> B. Each Subcontractor Shall A�+ee:
<br /> ' 1) To be bound to the Conlractor by the tetms of the Conhact Docum�ts and to assume toward it all the obligations and
<br /> responsibilities that ihe Contractor,by those documents,assumes toward the Owner.
<br /> ' Z) To submit to the Contractor applications for payment in accordance with the Contract Documents.
<br /> 3) To submit proposais for Changes of Contract in accordance with Paragraph 19 hereof and to require each and every
<br /> Sub-subcontractor to subm�t h�s proposals for Changes of Contract in accordance with Paragraph 19 hereof.
<br /> , C. T6e Conttactor Aet+ees:
<br /> l) To be bound to Subcontractors by all the obligations that the Ownea assumes to the Contractor under the Con�ract Documenfs and
<br /> by all the provisions thereof affording remedies and redress to the Contractor from the Owner.
<br /> ' 2) To pay thc Subcontractor,upon Owner's payment of requisitions,if issued under the Payment Schedule as set forth in Paragraph
<br /> 33,the amount�llowed to the Coniractor on account ofthe Suboontractors Work to the extent of the Subcontracto�s interest therein.
<br /> ' 3) TopaytheSubcontractortosuchextentasmaybeprovidedbytheContractDocumentsortheSobcontract,ifeitherofthoseprovide
<br /> for earlier or larger payments than the procedure contained in Subparagaph(2)above.
<br /> 4) To pay the Subcontractor on demand for his work or materials as far as executed and fixed in place,less the retained Qercentage,
<br /> at the time paymea�t is due,even though the Owner withholds payment pursuant to Paragraph 35 hereo�unless the cause for which the Own�is
<br /> , withholding payment is the fauh of the Subcontractor.
<br /> 5) To pay the Subcontractor a just share of any fire insurance proceeds received by it,the Contractor,under this Contract
<br /> ' � To make no demand for liquidated damages or penalty fa delay in any sum in excess ofsuch amovnt as may be specifically named
<br /> in the SubconVact
<br /> � To require each and every Subcontractor to submit its proposals for Changes of ContracE in accordance with Paragraph 19 hereof
<br /> ' and to requiro each a�d every Sub-subcontractor to submit its proposals for Changes of Contract in accordanee with Para�aph 19 hereof.
<br /> 32. LABOR AND MATEItIAIS
<br /> � A The Contractorshall provide,pay for and maintain all labor,materials,equipmen;tools,constructiott eqoipment and maclrinery,heat,material
<br /> hoisting,scaffolding,shoring,formwork,reshores,craneage,transportation,weather protection,storage,officx facilities and other facilities and services necessary
<br /> for the proper execution and completion of the Work,whether tanporary or pe�manent and whether or not incorporated or to be incorporated in the Work. All
<br /> scaffolding shall be crected and maintained in accordance with OSHA and state and local requiranents.
<br /> , B. All materials and equipment fumished by the Contractor under this Coniract shall be new,free from fauits and defecu,of good quality,and
<br /> �.� oogiai6
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