Construction Subcontract

CONSTRUCTION SUBCONTRACT This AGREEMENT is between: PROJECT: (Name of Prime Contractor or Owner) (Address of Prime Contractor or Owner) (Name) (Address) (City, State, Zip) (City, State, Zip) (Telephone) AND (Name of Subcontractor) (Address of Subcontractor) Contractors am required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the Register of the Board whose address is (California residents only; consult your yellow pages for the Board in your state) Contractors' State License Board, 9835 Goethe Road, Sacramento, California 95827 or mailing address: P.O. Box 26000, Sacramento, CA 95826. (City, State, Zip) If the prime contractor is also the owner, all references to ''contractor'' apply to the contractor in his/her capacity both as prime contractor and owner. if the contractor is not the owner, the name and address of the owner are A. Description of Work: Subcontractor will furnish all labor and materials to construct and complete, upon the project described above, in a good (Describe Labor, Materials, and Fixtures to be Furnished) workmanlike, substantial manner all in accordance with the following plans, specifications and contract documents: (Refer to Plans, Prime Contract) B. Payment Schedule: Contractor will pay subcontractor the sum of $ % when % when % when and the balance Construction Funds: The name and address of the construction fund holder, if any, is: (Name and Branch Address of Bank, Savings and Loan Association, Escrow Agent, Joint Control or Other Construction Fund Holder) C. Commencement of Work If the jobsite is not ready for commencement of the work covered by this subcontract days from the date of this subcontract, subcontractor may cancel this subcontract. D. Insurance: Subcontractor will maintain insurance per 13 in amounts no less than or as required by specifications. E. Terms and Conditions: Date Firm Name The terms and conditions on the reverse side are expressly incorporated into this contract. Contractor's License No. Firm Name Subcontractor's License No. (Contractor's Firm Name, if any) By (Contractor or Agent's signature) By (Subcontractor's Firm Name, if any) (Subcontractor's or Agent's signature) 2001 © American LegalNet, Inc. American LegalNet, Inc. www.FormsWorkFlow.com TERMS AND CONDITIONS § 1. PLANS, SPECIFICATIONS, AND PERMITS. The project will be constructed according to plans and specifications which have been examined by the owner and which have been or may be signed by the parties hereto. Contractor will obtain and pay for all required building permits, but owner will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service and other utilities, including sewer and storm drain reimbursement charges, revolving fund charges, hook-up charges and the like. § 2. LABOR AND MATERIAL. Contractor shall pay all valid charges for labor and materials incurred by contractor and used in the construction of the project, but is excused by owner from this obligation for bills received in any period during which owner is in arrears in making progress payments to contractor. Should contractor fail to make any payments required under this paragraph, owner may make such payments on behalf of contractor; and contractor shall reimburse owner for the amount actually paid on demand; but owner shall not, by means of assignment or otherwise, be entitled to collect any greater from contractor than the amount actually paid for labor or material under this paragraph. No waiver or release of mechanic's lien given by contractor shall be binding until all payments due to contractor when the release was executed have actually been made. § 3. CONTRACT, PLANS AND SPECIFICATIONS. The contract, plans and specifications are intended to supplement each other. In case of conflict, however, the plans shall control over the specifications, and the provisions of this contract shall control both. § 4. EXTRA WORK. Should owner, construction lender or any public body or inspector direct any modification or addition to the work covered by this contract, the cost shall be added to the contract price. For the purpose of this paragraph, ''cost'' is defined as the cost of extra subcontracts, labor and materials, plus 10% of ''cost'' for overhead, plus 10% of the sum of ''cost and overhead'' for profit. Requests for extra work should be made in writing, but contractor is entitled to be paid for the extra work whether reduced to writing or not. Expense incurred because of unusual or unanticipated ground conditions (such as fill, hard soil, rock or ground water) shall be paid for by owner as extra work. § 5. ALLOWANCES. If the contract price includes allowances, and the cost of performing the work covered by the allowance is greater or less than the allowance, then the contract price shall be increased or decreased accordingly. Unless otherwise requested by owner in writing, contractor shall use his own judgment in accomplishing work covered by an allowance. If owner requests that work covered by an allowance be accomplished in such a way that the cost will exceed the allowance, contractor shall comply with owner s request, provided that owner pays the additional cost in advance. § 6. DELAY. Contractor shall be excused for any delay in completion of the contract caused by acts of God, acts of owner or owner s agent, stormy weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of owner to make progress payments promptly, or other contingencies unforeseen by contractor and beyond the reasonable control of contractor. § 7. COMPLETION AND OCCUPANCY. Owner agrees to sign and record a Notice of Completion within five days after completion of the project. If the project passes final inspection by the public body but owner fails to record Notice of Completion, then owner hereby appoints contractor as owner s agent to sign and record a Notice of Completion on behalf of owner. This agency is irrevocable and is an agency coupled with an interest. Contractor may use such force as is necessary to deny occupancy of the project by owner or anyone else until contractor has received all payments, excluding the retention payment, due under this contract, and until Notice of Completion has been recorded. § 13. DAMAGE TO PROJECT AND INSURANCE. Owner will procure at his own expense and before the com