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This agreement incorporates by reference certain documents which define and

describe the Work to be done. The following documents are incorporated as though
included in full as part of this agreement.

Plans
(Date)
(Prepared By)
(Date of Last Change)
(Identified As)

Specifications
(Date)
(Prepared By)
(Date of Last Change)
(Identified As)

Proposal (Estimate or Bid)


(Date)
For the amount of $ (Contract price) .
(Title of Bid)
(Identified As)

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Does the Bid Define the Job?

Select one of the following.

Yes, anything not in the bid is not included in the job.

Selecting this option limits the scope of work to what is included in the bid or proposal by
Contractor. Anything omitted from the bid is not part of the job, no matter what appears in
other contract documents.

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Other Contract Documents notwithstanding, the proposal by Contractor dated


(Date) defines Work to be completed under this agreement. Anything not included in
the proposal dated (Date) is not included in this agreement and is not part of the
Work. Contractor will be entitled to a Change Order and additional compensation for
anything in any Plans or Specifications or anything required by Law or ordinance
that is not identified in the proposal dated (Date) .

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No, other contract documents define the work to be done.

Selecting this option makes other contract documents (such as the plans and
specifications) take precedence over the proposal by Contractor. Any work shown on the
plans or specs is part of the job, even if omitted from the proposal by Contractor.

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Reference to Contractor's proposal dated (Date) is for convenience only. Other


Contract Documents identify the Work to be completed under this agreement.

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Detailed Drawings
(Date)
(Prepared By)
(Title of Detailed Drawings)
(Identified As)

General Conditions
(Date)
(Prepared By)
(Title of General Conditions)
(Identified As)

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Special Conditions
(Date)
(Prepared By)
(Title of Special Conditions)
(Identified As)

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Project Manual
(Date)
(Prepared By)
(Title of Project Manual)
(Identified As)

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Shop Drawings
(Date)
(Prepared By)
(Title of Shop Drawings)
(Identified As)

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Samples
(Identified As)

Letter of Acceptance
(Date)
(Identified As)

Schedule
(Date)
(Identified As)

Exhibits
(Title of Exhibits)
(Prepared By)
(Identified As)

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Plans

Plans were prepared by Owner and are property of Owner Short form (less detail).
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All Plans, Drawings and Specifications created for Work under this contract are
instruments of service and remain the property of Owner. The use of these
instruments of service on Work other than provided in this contract without
permission of Owner is prohibited. All copies of Drawings and Specifications other
than a single record copy shall be returned to Owner upon request after completion
of the Work.

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Plans were prepared by Owner and are property of Owner Long form (more detail).

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All Plans, Drawings, Specifications and other documents prepared by or for Owner
for use under this agreement are the property of Owner and remain the property of
Owner. Plans, Drawings and Specifications, whether in paper or electronic form,
prepared for use in construction under this agreement shall not be modified or used
on any other project without written consent of Owner. Contractor shall hold
harmless and Indemnify Owner from and against any and all Claims, actions, suits,
costs, damages, losses, expenses and attorney's fees arising out of use of the
Project Plans, Drawings, or Specifications for any purpose other than construction
to be completed under this agreement. Contractor and Subcontractors are granted a
limited license to use and reproduce applicable portions of the Plans, Specifications
and Drawings as required for construction under this agreement. All copies made
under this license shall bear a notice showing Owner as copyright holder. All Plans,
Drawings, Specifications and other documents prepared for use in construction
under this agreement are to be returned to Owner at completion of the Work or
termination of the contract. Contractor may retain one record set of the Plans,
Drawings and Specifications. All other sets shall be accounted for by Contractor
and returned to Owner. Submittal or distribution of Project Plans, Drawings or
Specifications to meet Official Regulatory Requirements is not to be construed as
publication in derogation of the rights of Owner.

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Plans were prepared by Contractor and are property of Contractor.

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Plans, Drawings, Specifications and copies prepared for use in construction under
this agreement are the property of Contractor. Contractor retains all common Law
and statutory rights to these Plans, Drawings and Specifications. Owner agrees that
these documents will not be used on any other project and, with the exception of
one record set to be retained by Owner, will be returned to Contractor on request.

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Plans On-Site

For convenience and to meet code requirements in some communities, the contractor may
be required to keep a set of plans and contract documents available for review on the job
site.

To set standards for "as built" drawings, double-click 'Build My Interview' in the Interview
Navigator. Double-click on the 'Build My Interview', then double-click 'Select My Topics...'.
Be sure there’s a check mark beside 'Design Submittals and Record Documents'. Click
Continue. Then double-click 'Design Submittals and Record Documents' in the Interview
Navigator. Double-click again to select 'Record Documents'.

Select one of the following.

Yes, including plans only.

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Contractor will keep a full set of Project Plans available on-site to authorized
personnel during the period of construction.

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Yes, including plans, changes and a schedule.

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Contractor will maintain at the construction site a copy of all Plans, Addenda,
Change Orders, supplemental Drawings, written directives, approved Submittals,
Inspection reports and an updated schedule. At all reasonable times, these
documents will be made available for review by authorized personnel.
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`Documents Supplied to Contractor

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Contractor will distribute Contract Documents as required by Subcontractors.

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Owner will furnish to Contractor at no cost:

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Select any or all of the following.

Full sets of plans for all trades on paper.

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One full set of Plans and Specifications for all trades on paper.

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Full sets of plans for all trades in electronic format.

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A full set of Plans and Specifications for all trades in electronic format.

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A project manual in electronic or paper format.

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A project manual in electronic or paper format.

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Other paper documents.

Please describe additional paper documents in the box below.

Description of other paper documents:

Enter the description of additional paper documents.


yyyy

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One copy of (Other Paper Documents) .


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Other electronic documents.

Please describe additional electronic documents in the box below.

Description of other electronic documents:

Enter the description of additional electronic documents.


yyyy

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(Other Electronic Documents)

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Scope of Work - General

The scope of work clause is a general description of Contractor's responsibility.

Construction contracts for larger jobs usually include a general description of the
contractor's tasks.

Select one of the following.

Scope of work in general Limited form (includes only what appears in the contract
documents).

The scope of work is limited to what appears in the contract documents.

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Contractor shall supervise and direct the Work and accepts responsibility for
construction means, methods, techniques, sequences and procedures required to
complete the Project in compliance with the Contract Documents.

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Scope of work in general Broad form (includes everything in and what can be inferred from
the contract documents).

The scope of work includes everything in the contract documents plus what can be
inferred from the contract documents.
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The intent of this contract is to provide for the construction, complete in every
detail, of the Work described in or reasonably inferred from the Contract
Documents, at the Contract Price and within the time established in the schedule.
Contractor has the duty to determine the means, methods, techniques, sequences
and procedures required to complete the Project as described and inferred.

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Quantity of Plan Sets Supplied

Enter the number of plan sets that will be provided at no charge.

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(Quantity) full sets of Plans and Specifications for all trades on paper.

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Cost of Additional Plan Sets

Select one of the following.

Set the cost per copy.

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If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at $ (Cost) per Plan set.

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The actual cost of reproduction plus delivery.

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If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at the actual cost of reproduction plus delivery.
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Contractor will receive any reasonable number of plan sets on paper at no cost.

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If Contractor needs additional Plan sets, Owner will furnish those Plan sets to
Contractor at no cost.

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Scope of Work - Details

These topics may not be covered anywhere else in the contract documents. A good
contract will help avoid disputes by focusing attention on potential issues during contract
negotiations.

Select any or all of the following.

All materials and equipment furnished under this agreement are new, unless otherwise
agreed.

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Except for materials expressly designated otherwise in the Contract Documents,


Contractor warrants that all materials and equipment furnished under this contract
shall be of good quality and new.

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Task of Contractor includes coordination of labor trades, equipment, materials and


supplies.

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Contractor is responsible for coordination of the various trades and deliveries of


equipment, materials and supplies to minimize interference which could delay the
Work or pose a hazard to life or property. Contractor shall be responsible for
allocation of tasks between trades and will be the final authority on location and
routing of equipment and storage of materials on the Job Site.
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Contractor will ensure compliance by subcontractors.

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Contractor will ensure that Subcontractors, their agents, and employees adhere to
these Contract Documents. Contractor accepts responsibility for all Work
performed under this contract, including Work performed by employees of
Subcontractors. Contractor will settle disputes among Subcontractors and between
Contractor and Subcontractors so that disagreements do not delay completion of
the Work or affect quality of the Work.

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Contractor will manage labor relations to minimize lost time and disputes.

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Contractor shall make a best effort to adopt and implement policies and practices
designed to minimize Work stoppages, slowdowns, disputes or strikes. Except as
may be specifically provided elsewhere in this or a separate agreement, Contractor
is not liable to Owner for damages suffered by Owner as a result of Work
stoppages, slowdowns, disputes or strikes. Contractor shall allocate labor tasks
among the various trades in accordance with local custom, rules, jurisdictional
awards, regulations, and decisions, regardless of any classification by the Contract
Documents.

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Contractor will provide temporary toilets.

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Contractor shall provide on the Job Site during the period of construction a
temporary chemical toilet or water closet which shall be serviced no less than
weekly. Upon completion of the Project, Contractor will remove temporary toilet
facilities from the site.

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Contractor will provide temporary elevators and lifts.


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Contractor shall provide temporary elevators and lifts as may be required by


construction personnel, including Subcontractors, Material Suppliers, Inspectors,
and Representatives of Owner. Elevators and lifts will comply with all federal, state
and local Laws and ordinances in effect at the Job Site. Upon completion of the
Project, Contractor will dismantle and remove temporary elevators and lifts.

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Contractor will provide temporary roadway to the site and vehicle parking.

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Temporary roadway and parking area, if required, shall be established and


maintained by Contractor until the permanent roadway and parking area are
complete and accepted. When no longer required, temporary roadway and parking
area will be removed by Contractor and the area restored to the condition required
by the Contract Documents. Crushed rock, paving, and other road materials from
temporary roads shall not be left on the Job Site unless approved by Owner.

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Contractor will provide temporary heat when required.

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When necessary for protection of the Work, temporary heating will be provided by,
and at the expense of, Contractor.

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Contractor will develop and present a site logistics plan.

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Contractor shall develop and present to Owner for approval (which shall not be
withheld unreasonably), a site logistics plan drawn to scale, showing proposed
secure and fenced areas, locations and types of temporary barricades, material
storage and staging areas, property entrances used for material deliveries, and
special material or equipment storage Requirements. This plan will include a
description and proposed location for any temporary office, storage trailer, sanitary
facilities, and parking for construction personnel.

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Contractor will present and develop a site routing plan for public safety.

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Contractor shall develop and present to Owner for approval (which shall not be
withheld unreasonably), a routing plan to maintain safe passage of the public within
and around the Job Site. The plan will include barricades and walkways designed to
accommodate expected traffic and provide required protection while Work is in
progress. Entrances to and exits from other buildings will not be blocked, closed
off, or restricted in any way unless prior approval is granted by Owner. No public
way will be closed or obstructed without obtaining approval as required by federal,
state, or local Law or ordinance.

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Contractor will stop work on discovery of antiquities.

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If antiquities of archaeological, paleontological or historical significance are


discovered on the Job Site, Contractor will stop all Work in close proximity to the
discovery and notify Owner of the discovery. If it is determined by any agency of
government that exploration or excavation of primitive records or antiquities on the
Job Site is necessary to avoid loss, Contractor shall cooperate with the Work of
authorized preservation personnel. If exploration or excavation of antiquities delays
the Work or increases cost of the Work, Contractor may initiate a Claim for
extension of time and a Claim for Extra Work under this agreement.

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Contractor will provide job photographs to document job progress.

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Contractor shall provide to Owner a series of job photographs, taken no less than
weekly, which document Work progress.

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Contractor will provide a temporary field office for construction personnel.

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Contractor shall provide at the Job Site a temporary field office which Owner and
others can use for meetings with construction personnel. The field office shall
measure no less than 16' long by 8' wide by 7' high, and include an electric air
conditioner, baseboard heat, a desk, a plan table, plan rack, insulated and paneled
walls, resilient floor, locking doors and windows with screens, closet, fluorescent
lighting, electrical receptacles, and a combination fax-copier. Contractor shall pay
the cost of utilities for the field office and will remove the field office from the Job
Site upon completion of the Project.

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Contractor will have underground utilities marked and verified.

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Contractor shall have the location of underground utilities marked and verified prior
to beginning Work in areas where utilities are indicated in the Contract Documents.
All costs associated with marking and verifying the location of utility lines is the
responsibility of Contractor. Any damage or loss resulting from the failure of
Contractor to verify the location of utility lines is the responsibility of Contractor.

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Contractor will arrange for installation and maintenance of permanent elevator(s).

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When the Work has progressed sufficiently to permit the Installation of new
elevators, and after the enclosing walls of the elevator shaft have been built,
Contractor shall, at the expense of Contractor, make arrangements with the elevator
Subcontractor to provide, install, and maintain one new elevator for use during
construction. Elevator service shall be provided at no cost to Owner and all persons
performing services for Owner. Before temporary use of the elevator, Contractor
shall protect the elevator cab with a metal screen ceiling below the permanent
ceiling, and protect the walls and floor with padding and a substantial wood lining.

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Contractor will refrain from performing any work not required by this contract.

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Contractor shall do no Work on the Project and furnish no materials to the Job Site
except as required by the Contract Documents. Any Work done or materials
furnished by Contractor which do not comply with the Contract Documents, will be
at the risk and expense of Contractor who covenants and agrees that no Claim for
compensation shall be made for any non-complying Work done or non-complying
materials furnished.

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Actions of others do not constitute waiver of rights and obligations that arise under this
contract.

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Contractor shall not be relieved of obligations to perform the Work in accord with
the Contract Documents either by actions of or inaction by Owner or agents of
Owner, or by tests, Inspections, or approvals required or performed by persons
other than Contractor.

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This contract is confidential and will not be disclosed by either party.

Many contractors feel a cost estimate is like a combination to their safe and should be
kept out of the hands of others. Some owners have competitors who could benefit from
information in plans being made by the competition. There are many reasons why both
Contractor and Owner might want to keep confidential the information in this contract. This
mutual non-disclosure clause protects both Contractor and Owner from unauthorized
disclosure. Without the six numbered exceptions, this clause may not be enforceable in
some states. The third to last sentence in this clause provides grounds for an injunction
(an order issued by a court and enforceable by a contempt of court citation) if
unauthorized disclosure is threatened. Courts issue injunctions when harm is likely and if
there is no adequate remedy after the harm occurs. Release of confidential information
can qualify for injunctive relief even without authority in the contract. But mentioning an
injunction in the contract makes it clear that the parties clearly considered a court remedy
in response to a threat of unauthorized release. The last sentence in this clause
establishes a standard for judging whether an accidental release of information was
negligent and thus a cause for awarding damages.

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This agreement is the product of a confidential relationship between Contractor and


Owner requiring that both Parties exchange confidential information, the disclosure
of which would constitute a loss. Except as provided below, Contractor and Owner
agree not disclose or use for any purpose other than completion of the Project all or
any portion of the Contract Documents, cost estimates, diagrams, records, reports,
computer data or any other information concerning the Project for 5 years from the
date of this agreement without mutual consent of Contractor and Owner. The
following are exceptions: (1) Information required by the recipient to complete the
Project, (2) Information known to the recipient before disclosure, (3) Information
lawfully obtained by the recipient from a third party under no obligation of
confidentiality, (4) Information generally known or publicly available other than by
unauthorized disclosure, (5) Information developed independently by the recipient
prior to disclosure, and (6) Disclosure required by legally constituted authority, but
only after notification of each Party to this agreement. In the event of a breach or
threatened breach or intended breach of this confidential relationship by either
Party, the other Party, in addition to any other rights and remedies available at Law
or in equity, shall be entitled to preliminary and final injunctions, enjoining and
restraining such breach or threatened breach or intended breach. Contractor and
Owner shall, by contract or Subcontract, require others who receive confidential
information on the Project to comply with the Requirements of this paragraph. Both
Contractor and Owner shall use at least the same degree of care in protecting
confidential information on the Project as in maintaining their own confidential
information but in no case less that a reasonable degree of care.

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Cutting and Patching

Most construction contracts include a clause that requires the types of cutting and
patching that are characteristic of quality workmanship.

Select any or all of the following.

All cutting and patching will be done by skilled workers.

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Contractor will ensure that cutting and patching required to make building parts fit
together properly is done by those skilled in the trade. Work completed by
Contractor will have the neatly finished appearance characteristic of professional
grade construction.

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No damage will be done to other work while cutting and patching.

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Contractor will ensure that alteration Work done on existing building components
does no damage either to the property of Owner or to Work done by others.

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There won't be any alteration of the existing building without prior consent.
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Except as illustrated on building Plans or described in Contract Documents,


Contractor will not alter existing building components without consent of Owner.
Contractor will not alter or interfere with the Work of any Separate Contractor
without prior consent of the Separate Contractor involved.

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Patched surfaces may be detectable when cutting and patching are complete.

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The color, texture and planes between existing and new materials might not match
exactly. Contractor will use due diligence to create the best match possible. Owner
acknowledges that patched surfaces may be detectable when construction is
complete.

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Responsibilities of Owner

Most of these obligations are assumed to be part of the owner-contractor relationship. But
making these assumptions explicit can help avoid problems later.

Select any or all of the following.

Owner will respond promptly to requests for information.

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Owner will respond in writing and with reasonable promptness to written requests
from Contractor for information relevant to completion of the Work. Owner will
identify a Representative qualified to respond to questions from Contractor when
Owner is not available. Contractor is authorized to rely on written responses from
Owner and the identified Representative.

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Owner's Representative will respond promptly to requests for information.

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Owner will ensure that Owner's Representative responds in writing and with
reasonable promptness to written requests from Contractor for (1) Interpretation of
the Plans or Specifications, or (2) Other information relevant to completion of the
Work. Contractor is authorized to rely on written responses from Owner's
Representative.

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Owner guarantees that Owner has the right to contract for construction on the job site.

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Owner affirms that Owner has the right to enter into this agreement and has the
right to contract for construction of the Project on the Job Site. Owner shall pay all
taxes and assessments due on the Job Site during the period of construction and
shall take all reasonable actions required to protect marketable title to the Job Site.

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Owner will secure all funds necessary for construction.

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Owner shall have sole responsibility to secure financing for the Project and shall
pay all fees, charges, or other costs of such financing, including Inspection fees
charged by any lender. The nonperformance of any lender shall not affect the
obligation of Owner to Contractor. Owner hereby authorizes and directs any lender
on the Project to furnish Contractor with full information on undisbursed loan
proceeds when requested by Contractor.

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If asked, Owner will show that money is available to finish the job.

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On request of Contractor, Owner shall provide clear and convincing evidence that
Owner has access to funds committed to payment of the unpaid balance of the
Contract Price. Owner shall inform Contractor of any significant change in the
availability of funds committed to make payments required under the Contract
Documents. Failure of Owner to comply with the terms of this paragraph shall
relieve Contractor of the obligation to begin or continue the Work.

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Owner will do nothing to delay or interfere with completion of the work.

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Owner will not interfere with or permit others to interfere with, stop, hinder, or delay
completion of the Work by Contractor or Subcontractors except as provided under
this agreement.

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Owner will ensure the cooperation of separate contractors.

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Owner will coordinate the Work of Separate Contractors on the Job Site to ensure
that Work under this contract can proceed without interference. Owner affirms that
contracts with Separate Contractors require their cooperation with Contractor.

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Materials supplied by Owner will be ready for use in construction when needed.

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All materials to be furnished by Owner under the Contract Documents shall be on


hand and available at the location specified, when required in the normal course of
construction. Contractor makes no warrant that materials Furnished by Owner are
suitable for use in the Project and may reject such materials if Installation would
materially increase the cost of construction or substantially delay completion of the
Project.

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Owner will provide and maintain a roadway to the job site.

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During the Contract Time, Owner shall, at the expense of Owner, provide and
maintain a surfaced roadway connecting the Job Site with a public highway.

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Owner will obtain all approvals required from architectural review committees.
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Owner shall obtain all consents and approvals required from any architectural
review committee, homeowners association, or similar entity having the right to
review and approve Plans prior to construction.

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Owner will provide all information required by the mechanics' lien laws.

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On written request from Contractor, Owner shall identify (1) The legal description of
the property being improved, (2) Whether there is a Surety Bond in effect on the
improvement Project and, if so, the name and last known address of the Surety and
a copy of the Bond, and (3) Whether there are any prior recorded liens or security
interests on the real property being improved and, if so, the name and address of
the person having the lien or security interest.

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Detail the remedy for failure to respond to requests for information.

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If Owner fails to comply with any request for information, Contractor shall be
entitled to an extension of the Contract Time equal to the delay, if any, caused by
failure of Owner to respond, provided Contractor shall have promptly notified
Owner in writing of the right to extend the Time for Completion. Any such extension
of the Contract Time shall be the sole remedy of Contractor for failure of Owner to
reply to a request for information.

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Contractor has the right to use photos of the Project for publicity purposes.

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Owner grants to Contractor the rights to take pictures of the Project and use those
pictures for advertising, promotion or publicity purposes in any electronic, online,
or print format. Owner grants to Contractor permission to give prospective clients
of Contractor the name of Owner and a contact number when soliciting future
business. These rights expire 18 months after completion of the Project unless
terminated sooner by Owner.
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Construction by Others

Construction is complex and job sites are often congested. Usually, it's an advantage to a
contractor to have sole use of the job site during construction.

Select one of the following.

Owner won't have any separate contractors working on this job.

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Owner shall neither hire nor retain Separate Contractors, Subcontractors,


employees or agents of Owner to perform Work on the Job Site while Work is being
done under this agreement by Contractor.

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Owner has the right to have separate contractors on this site.

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Owner reserves the right to use one or more Separate Contractors on the Job Site
or on adjacent sites while Work is being done under this agreement. This right shall
extend to portions of the Work which have been deleted from the Contract
Documents by Change Order.

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Details on Construction by Others

Select any or all of the following.

Separate contracts require similar terms.

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Terms of agreement with any Separate Contractor shall be, in all functional
respects, Similar to or the same as terms of this contract, including clauses relating
to insurance and waiver of subrogation.
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Owner to coordinate schedule of separate contractors.

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Except as provided elsewhere in the Contract Documents, Owner shall be


responsible for coordinating the activities of Contractor with any Separate
Contractor. When requested by Owner, Contractor shall coordinate construction
schedules with any Separate Contractors to reduce or eliminate potential conflicts.
In the absence of a schedule mutually agreed upon by Contractor and Separate
Contractors, Owner may create and impose a schedule on Contractor designed to
avoid unnecessary delay and risk of damage.

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Owner has the right to employ crews for other work.

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Owner reserves the right to employ construction crews of Owner on the Job Site or
on adjacent sites while Work is being done under this agreement. This right shall
extend to portions of the Work which have been deleted from the Contract
Documents by Change Order. Except as provided elsewhere in the Contract
Documents, Owner shall be responsible for coordinating the activities of Contractor
with any construction crews of Owner. When requested by Owner, Contractor shall
coordinate schedules with the crews of Owner to reduce or eliminate potential
conflicts. Except as otherwise provided in the Contract Documents, crews of Owner
shall have the same rights and obligations to Contractor as would a Separate
Contractor.

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Contractor to accommodate separate contractors.

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Contractor shall allow access to the Job Site, storage of materials and equipment,
and performance of Work on the Job Site by Separate Contractors or crews of
Owner. Contractor shall not commit or permit any act which would interfere with the
performance of Work by any Separate Contractor or employee of Owner.

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Contractor is obligated to notify Owner of defects in work by separate contractors.

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By connecting with, covering, relying on, or using an element or portion of Work


installed or performed by crews of Owner or a Separate Contractor, Contractor
accepts the condition of such construction or operations as being suitable, except
for conditions not reasonably discoverable by Contractor. If Contractor discovers
any condition in the Work of others that is Defective or not suitable for proper
performance of the Work, Contractor shall stop Work on that portion of the Project
and notify Owner.

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Contractor is liable for damage to the work of separate contractors.

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If the Work of any Separate Contractor is damaged or delayed by an act or omission


or poorly-timed Work of Contractor, and if Owner is obligated to pay a Separate
Contractor for that damage or delay, Contractor shall reimburse Owner for the
amount of the loss. Likewise, Owner shall be responsible to Contractor for any
damage or delay to the Work due to an act or omission or poorly-timed Work of a
Separate Contractor or the construction crews of Owner.

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Contractor is liable for legitimate claims made against Owner by separate contractors.

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If a Separate Contractor sues or initiates an arbitration proceeding against Owner


based on a Claim of damage or delay or improperly-timed Work alleged to have
been caused by Contractor, Owner shall notify Contractor who shall defend against
the Claim. If the Claim results in a judgment or award against Owner, Contractor
shall pay or satisfy the award and reimburse Owner for attorney's fees, court, or
arbitration costs actually incurred.

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Consent of Owner is required to alter work of separate contractors.


[Click to view contract text]

Contractor shall not cut or otherwise alter construction done by crews of Owner or
a Separate Contractor without the written consent of Owner. Contractor shall not
unreasonably withhold consent from Owner or a Separate Contractor to cut or
otherwise alter Work of Contractor.

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Contractor to receive advance notice of construction by others.

[Click to view contract text]

Owner shall give Contractor written notice at least 2 Work Days before any Separate
Contractor or crew of Owner begins Work on the Job Site.

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Contractor may recover for increased costs due to work done by separate contractors.

[Click to view contract text]

Contractor may submit a request for a Change Order under the terms of this
agreement if Contractor has clear and convincing documentation that Work of any
Separate Contractor or Work by crews of Owner have materially increased the cost
of completing the Project or caused a significant delay in the Work.

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Once accepted, Contractor is responsible for materials supplied by others.

[Click to view contract text]

If Contract Documents require that Contractor install materials furnished by a


Separate Contractor or by Owner, Contractor shall arrange for the time and place of
delivery. After acceptance by Contractor of any such material, Contractor shall be
responsible for the material in the same manner as for any other material both
purchased and installed by Contractor.

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Representations by Contractor and Owner
Most of these clauses favor Owner by setting a high standard against which Contractor
will be judged if the project runs into difficulties.

Select any or all of the following.

Contractor agrees that the contract price covers job conditions.

This site inspection clause is designed to diffuse any claim of additional work based on
conditions that were not anticipated, such as under a differing site conditions clause.

[Click to view contract text]

The Contract Price is based on Contractor's careful evaluation of Plans,


Specifications, Contract Documents, local conditions, including availability of labor,
material, equipment, and transportation, the kind and character of soil and terrain,
all available reports and tests on soil conditions, Work to be performed by Owner or
Separate Contractors, environmental and historic preservation considerations,
applicable Code Requirements, climatic conditions, and other local conditions that
may affect cost to Contractor or duration of construction.

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Contractor's task is to complete work on time and per the contract documents.

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Contractor shall use skill and attention to complete the Work in a timely manner
consistent with the Contract Documents.

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Contractor has reported all errors found in the plans and is ready to complete the work.

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Contractor has reported to Owner all errors, inconsistencies, ambiguities, and


omissions found in the Plans and Specifications and has concluded that the
Contract Documents define the Work required with enough detail to allow
Contractor to complete the Project.

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Contractor affirms that the contract price and time for completion are reasonable.

[Click to view contract text]


Based on a thorough evaluation of the Contract Documents, the Job Site, and all
conditions that may affect construction cost and duration, Contractor affirms that
the Contract Price and Contract Time are fair and reasonable for completion of the
Project.

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Contractor affirms that the company is competent to complete the work.

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Contractor affirms that the company is financially solvent, licensed, experienced,


competent, and has resources necessary to complete the Work in compliance with
the Contract Documents.

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Contractor agrees to use only competent subcontractors.

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Contractor affirms that all Subcontractors will be financially solvent, licensed,


experienced, competent, and will have resources necessary to complete the Work
assigned in compliance with the Contract Documents.

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Owner has disclosed all known conditions which might affect completion of the work.

Owner has a duty to inform Contractor of any known condition that may make
performance of the duties under this contract more difficult than may be apparent.

[Click to view contract text]

Owner has reported to Contractor all conditions known to Owner which may not be
apparent to Contractor and which might significantly increase cost of the Work or
delay completion. These concealed conditions include, but are not limited to,
hazards on the Job Site, unsuitable soil conditions, prior Defective Work of others,
latent Defects in the Plans or Specifications, earlier attempts to do Similar or related
Work, and obligations imposed by government.

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Disclaimer by Owner, Reliance by Contractor

Owner is probably well-informed about the conditions at the job site. Contract bias favors
Owner if Owner can disclaim (repudiate) any information provided to Contractor about the
job site. A contractor entitled to rely on information provided by an owner has a stronger
case when making claims for differing site conditions.

Select one of the following.

Owner disclaims that information provided to Contractor is accurate.

This disclaimer is designed to weaken any claim that Owner misled Contractor about site
conditions.

[Click to view contract text]

Contractor acknowledges that information offered by Owner on subsurface or concealed


conditions or structures at the Job Site represent only the opinion of Owner based on
limited knowledge and understanding and is not part of the contract. Owner disclaims the
accuracy of information provided to Contractor.

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Owner is not responsible for conclusions of Contractor.

This clause is used by the federal government and appears in Federal Acquisition
Regulations § 52.236-3(b).

[Click to view contract text]

Owner assumes no responsibility for any conclusions or interpretations made by


Contractor based on the information made available by Owner. Nor does Owner assume
responsibility for any understanding reached or representation made concerning
conditions which can affect the Work by any officer or agent of Owner before the execution
of this contract, unless that understanding or representation is expressly stated in this
contract.

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Contractor can rely on information provided by Owner.

The right to rely on information provided by Owner strengthens any claim for extra work
based on differing site conditions.

[Click to view contract text]


Owner has provided Contractor with information on subsurface or concealed conditions at
the Job Site. Except to the extent that Contractor knows this information to be false,
Contractor is entitled to rely on the accuracy of this information.

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Employee Relations

Select any or all of the following.

Contractor is responsible for employee performance.

[Click to view contract text]

Contractor is responsible for performance of all construction crews, including employees of


Subcontractors, and shall enforce strict discipline and good order on the Job Site.

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Contractor has a duty to enforce job site rules for employees.

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Contractor will enforce the following rules on the Job Site: (1) Anyone found in possession
of a firearm will be directed to leave immediately and will not be allowed to return, (2)
Possession, sale, or distribution of alcohol or illicit drugs is prohibited. Anyone under the
influence of alcohol or illicit drugs will be directed to leave immediately, (3) Contractor will
certify that personnel on the Job Site have consented to submit to drug and alcohol
screening and testing including pre-employment, for cause, periodic or random tests, and
(4) Entry on the Job Site shall constitute consent to Inspection of an employee's person,
vehicle, and personal effects by Contractor, Owner, or other authority. Any employee who
is found in violation of these Job Site rules or who refuses to permit Inspection shall be
barred from the Job Site at the discretion of Contractor or Owner.

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Contractor has a duty to ensure compliance with OSHA standards.

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Contractor will ensure that personnel will be furnished and required to use safety
equipment complying with OSHA standards, including hard hats, safety glasses with
permanently attached side shields, body harnesses with shock cord lanyard, steel toe
work boots, and appropriate protective equipment and clothing. Any employee who refuses
to comply with OSHA standards shall be barred from the Job Site at the discretion of
Contractor or Owner.

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Contractor has a duty to pay prevailing wage rates.

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Contractor shall pay not less than the wage scale of the various classes of labor as shown
in a prevailing wage schedule provided by Owner. Wage rates on this schedule are
minimum rates only and do not include fringe benefits such as health, welfare and pension
contributions, and travel allowances. Contractor and each Subcontractor shall keep, or
cause to be kept, an accurate record showing the names and trade classification of all
workers employed in connection with the Work and showing the actual per diem wage paid
to each worker. Pay records shall be open at all reasonable hours for Inspection by Owner.
Contractor and every Subcontractor and Sub-subcontractor shall keep posted on the
construction Site, in a conspicuous place, a copy of all prevailing wage and fringe benefit
rates.

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Contractor will set standards for employment and training of apprentices.

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Employment and training of apprentices shall be in accord with apprentice agreements


under which each apprentice is training. Every apprentice shall be paid the wage
appropriate for the craft or trade under which the apprentice is indentured. Contractor or
any Subcontractor employing an apprentice shall hold a certificate approving Contractor or
the Subcontractor for employment and training of apprentices. Contractor and the
Subcontractor shall comply with any limitation on the number of apprentices or the ratio of
apprentices to journeymen who may be employed in the craft or trade on the Work.

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Contractor will allow only qualified employees to perform work.

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Contractor will allow only qualified, careful and skilled personnel to do the Work. Each
worker shall have the appropriate license, certification or experience necessary to
complete the tasks assigned.

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Contractor to discharge employees for unacceptable performance.

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Contractor shall discharge from employment on the Project any worker who cannot or will
not meet standards for acceptable performance or who fails to comply with reasonable
expectations for personal conduct.

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Right of Owner to discharge employees for unacceptable performance.

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Any worker employed on the Project by Contractor or by any Subcontractor who, in the
opinion of Owner, is not careful and competent, does not perform Work in a proper and
skillful manner, or is disrespectful, intemperate, disorderly, or neglects or refuses to comply
with directions given, or who abuses drugs or alcohol, possesses contraband, harasses or
is belligerent toward other employees shall, at the written request of Owner, be discharged
from the Project by Contractor or Subcontractor and shall not be employed again in any
portion of the Work without written consent of Owner. Should Contractor or a
Subcontractor continue to or again employ anyone on the Project subject to a request
under this paragraph, Owner may suspend Work until the request for discharge is
honored. Any issue or circumstance relating to or resulting out of this paragraph shall not
be construed or interpreted as interference with the responsibility of Contractor to
determine the means, methods, techniques, sequences and procedures required to
complete the Project as described in the Contract Documents.

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Contractor to hold Owner harmless from claims by discharged employees.

[Click to view contract text]

Contractor agrees to Indemnify and hold harmless Owner from any and all causes of
action, demands, Claims, damages, awards and attorney's fees, based on decisions made
by Owner concerning discharge of construction personnel.

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Contractor is responsible for good labor relations.

[Click to view contract text]


Contractor is responsible for good labor relations on the Project and shall use best efforts
and judgment as an experienced contractor to adopt and implement policies and practices
designed to avoid Work stoppages, slowdowns, jurisdictional disputes between trades,
and strikes. Contractor shall be liable to Owner for all damages suffered by Owner as a
result of Work stoppages, slowdowns, disputes and strikes.

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Cooperation of the Parties

Conflicts, disagreements and disputes are common on construction projects. Owners and
contractors can become adversaries rather than team members with a common goal.
Mutual trust helps promote understanding that prevents functional breakdowns. Every
contract includes an implied covenant of good faith, fair dealing and cooperation. But you
may want to add language that commits both owner and contractor to working in harmony.

Select any or all of the following.

Each party will designate a representative authorized to resolve minor problems.

[Click to view contract text]

Owner and Contractor acknowledge that open communication and cooperation will be
required to complete the Project on time, as estimated, and in compliance with the
Contract Documents. Contractor and Owner each agree to identify a representative who
will be available to resolve minor problems, answer questions and reach mutually
acceptable solutions. The individuals identified by Contractor and Owner shall try to reach
informal agreement on problems as they arise but are under no obligation to do so.

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Relations between the parties will be based on mutual respect.

[Click to view contract text]

Both Contractor and Owner pledge that their relations will be conducted with courtesy and
consideration in an environment characterized by mutual respect. Owner pledges to
respond promptly to requests by Contractor for guidance, assistance and payments when
due and agrees to extend to Contractor the deference and latitude a dedicated
professional deserves. Contractor pledges to commit the skill and resources required to
complete the Project in a manner that complies with both the letter and spirit of the
Contract Documents and enhances the reputation of Contractor for dependability and
professionalism.

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Job Conferences

Select any or all of the following.

Parties will attend a pre-construction conference.

[Click to view contract text]

Prior to the start of construction, Contractor and Owner shall hold a pre-construction
conference to identify: (1) The people who will be involved in construction of the Project,
their chain of authority, addresses, telephone numbers, fax numbers and email addresses
to be used when requesting information or giving notices, (2) The proposed construction
schedule, (3) Procedures for approving Shop Drawings, product data and Submittals, (4)
Procedures for handling Change Orders, (5) Construction Site Requirements such as dust
and erosion control, storm water management, Project signs, clean up and housekeeping,
temporary facilities, utilities, security, and traffic, (6) Safety Requirements and procedures,
(7) Quality control, testing, Inspections and notice Requirements, (8) Inspection
procedures, and (9) The handling of payment requests.

[Hide contract text]

Contractor will send a representative to progress conferences.

[Click to view contract text]

Contractor shall send a representative to Job Site progress conferences when scheduled
by Owner. This representative shall have authority to act on behalf of Contractor on issues
that concern contract compliance or affect the completion schedule. These conferences
shall include Subcontractors, Material Suppliers and others who can contribute to job
progress. At these conferences, the representative of Contractor shall be prepared to
assess progress of the Work, purchases, deliveries, Shop Drawings, product data, quality
control Samples, possible conflicts, compatibility problems, time schedules, weather
limitations, temporary facilities, space and access limitations, structural limitations,
government regulations, safety, Inspection and testing Requirements, performance results,
recording Requirements, protection, and Similar considerations. Owner shall set the time,
date and place of these conferences and act as conference chair. Phone or web
conferencing may be used with the consent of all attending any conference.

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A reasonable fine will be imposed for failure to attend a scheduled conference.

[Click to view contract text]


Owner may impose a reasonable fine (not to exceed $100) on Contractor for failure to
participate in a scheduled conference. Any fine imposed shall be deducted from the next
progress payment due.

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Subcontractors are required to attend scheduled conferences.

[Click to view contract text]

Contractor shall require that appropriate Subcontractors be present at scheduled job


conferences.

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Value Engineering

Finding ways to reduce costs, speed completion or improve the result of a construction
project is usually called value engineering.

Wise project owners encourage contractors to identify opportunities for value engineering.

Select one of the following.

Procedure for submitting value engineering proposals Short form (less detail).

[Click to view contract text]

Contractor is encouraged to submit in writing to Owner detailed value engineering


proposals which will accelerate completion, reduce cost to Owner, or which offer significant
benefits (including long-term benefits) to Owner. On acceptance of any value engineering
proposal, Owner and Contractor shall execute a detailed Change Order identifying the
change and value of the direct cost saving or enhanced value to Owner. Owner shall pay
to Contractor 50 percent of the direct cost saving or enhanced value identified in any
Change Order that results from a written value engineering proposal submitted by
Contractor. In the absence of any such value engineering proposal, Contractor is deemed
to have accepted construction details provided by the Contract Documents as adequate to
produce satisfactory Work.

[Hide contract text]

Procedure for submitting value engineering proposals Long form (more detail).

[Click to view contract text]


Contractor shall notify Owner of opportunities to reduce costs, accelerate completion, or
improve results without loss of intended design functions and without reduction of
desirable characteristics such as service life, reliability, economy of operation, and ease of
maintenance. Value engineering proposals by Contractor shall be in the form of a
recommended Change Order and shall include the following information: (1) A description
of the proposed change including comparative advantages and disadvantages in service
life, reliability, economy of operation, ease of maintenance, design safety standards,
appearance, and impact on the Contract Completion Date, if any, (2) A list of contract
Requirements, which must be changed and recommendations on the best way to make
those changes if the value engineering proposal is adopted, (3) An offer to complete the
proposed change at a specified price, (4) A statement of the time by which a decision on
the value engineering proposal must be made to obtain the forecast benefit, and (5) If
required, Contractor shall ensure that proposed changes are prepared under supervision
of a licensed professional architect or engineer. On receipt of consent by Owner,
Contractor shall submit complete final Contract Documents showing the accepted change,
the new design, design calculations and design criteria, if any, and a detailed breakdown
of costs to implement the value engineering proposal, including cost to Contractor,
Subcontractors, and Owner for architectural, engineering, or other consultant services, and
the staff time required to examine and review the proposal. On approval by Owner of a
value engineering Change Order, the Contract Price shall be reduced by 50 percent of the
net decrease in construction cost to implement the proposal or increased by 50 percent of
the net present value of the added benefit to Owner. In the absence of any such value
engineering proposal, Contractor is deemed to have accepted construction details
provided by the Contract Documents as adequate to produce satisfactory Work.

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Value Engineering Details

Select any or all of the following.

Contractor may place restriction on the use of value engineering proposals.

[Click to view contract text]

Contractor may restrict the right of Owner to make use of any value engineering proposal
or make any use of supporting data for a value engineering proposal by appending to the
proposal the following language: "No part of this value engineering proposal shall be
disclosed, duplicated or used for any purpose other than to evaluate this proposal. Once
accepted by Owner by issuance of a Change Order, Owner shall have the right to
duplicate, use, and disclose any data or information in this value engineering proposal in
any manner and for any purpose whatsoever."

[Hide contract text]

Contractor will pay for the preparation of value engineering proposals.


[Click to view contract text]

Proposals for value engineering changes shall be prepared at the expense of Contractor.
Contractor shall be paid for value engineering changes when the Change Order has been
approved by Owner and the Work has been completed.

[Hide contract text]

No changes will be made until a value engineering proposal has been approved.

[Click to view contract text]

Contractor shall remain obligated to perform in accord with terms of the Contract
Documents unless and until a Change Order adopting a value engineering proposal is
approved by Owner.

[Hide contract text]

Contractor will pay for design services required to evaluate a value engineering proposal.

[Click to view contract text]

Contractor shall pay for any design, engineering, consultant, or staff services necessary to
review and evaluate a proposed value engineering Change Order.

[Hide contract text]

Savings calculated from a proposed value engineering change are based on this project
only.

[Click to view contract text]

Calculation of the saving or enhanced value to Owner that may result from a value
engineering proposal shall be based on the Project only, without consideration of other
projects, future acquisitions, royalties or collateral savings.

[Hide contract text]

Processing of a value engineering proposal is not an excuse for delay.

[Click to view contract text]


Owner shall not be responsible for delays in the Project that result from time required to
prepare or review a value engineering proposal, either by Contractor or Owner.

[Hide contract text]

A value engineering proposal may be rejected if it includes disadvantages.

[Click to view contract text]

Value engineering proposals must not delay completion of the Project or adversely affect
the quality of design or construction or the operation or maintenance of the Project.

[Hide contract text]

No claim for extra pay can be based on failure to approve a value engineering proposal.

[Click to view contract text]

Owner shall consider each value engineering proposal, but is not bound to accept any
recommended Change Order. No Claim shall arise out of failure by Owner to approve any
value engineering proposal made by Contractor.
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Royalties, Patents and Copyrights

Either the contractor or the owner could infringe on patent rights or copyrights during the
construction process. The first clause in this section makes Contractor liable for an
infringement or failure to warn of a potential infringement. The second clause turns the
tables, placing the same obligations on the owner.

Select one of the following.

Contractor is required to pay all patent and copyright fees, and is liable for any
infringement.

Contractor may infringe on a patent or copyright by using protected information or material


on the project. Failure to negotiate a license to the patent or copyright could result in a law
suit with Owner being named as a defendant. This clause requires Contractor to give
notice to Owner of a potential infringement and makes Contractor liable for the
infringement.

[Click to view contract text]

Contractor shall obtain all licenses necessary to use any invention, article, appliance,
process, or technique of whatever kind in the Work, and shall pay all royalties and license
fees required. If, before using any invention, process, technique, article or appliance
specifically named in the Specifications or Plans as acceptable for use in carrying out the
Work, Contractor has or acquires information that the same is protected by patent or
copyright Law, making it necessary to secure the permission of the patent or copyright
owner, Contractor shall promptly advise Owner. Owner may direct that some other
invention, process, technique, article or appliance be used. Should Contractor have reason
to believe that the invention, process, technique, article or appliance so specified is an
infringement of a patent or copyright and fail to inform Owner, Contractor shall be
responsible for any loss or liability due to the infringement. Contractor shall hold Owner,
officers, agents, and employees, harmless against any loss or liability for or on account of
the infringement of any patent rights or copyrights in connection with any invention,
process, technique, article or appliance manufactured or used in the performance of the
contract, including its use by Owner, unless such invention, process, technique, article or
appliance is specifically named in the Contract Documents as acceptable for use in
carrying out the Work.

[Hide contract text]

Owner is liable only for failure to give notice of a potential infringement.

Owner may infringe on a patent or copyright by requiring that a specific invention be used
in the project. Failure to negotiate a license to the patent or copyright could result in a law
suit with Contractor being named as a defendant. This clause requires Owner to give
notice to Contractor of a potential infringement and makes Owner liable for the
infringement.

[Click to view contract text]

Owner shall obtain all licenses necessary to use any invention, article, appliance, process,
or technique of whatever kind in the Work, and shall pay all royalties and license fees
required. If, before manufacturing or using any invention, process, technique, article or
appliance in performance of the Work, Owner has or acquires information that the same is
protected by patent or copyright Law, making it necessary to secure the permission of the
patent or copyright owner, Owner shall promptly advise Contractor. Contractor may adopt
some other invention, process, technique, article or appliance for use in the Work. Should
Owner have reason to believe that using the invention, process, technique, article or
appliance in the Work would constitute an infringement of a patent or copyright and fail to
inform Contractor, Owner shall be responsible for any loss or liability due to the
infringement. Owner shall hold Contractor, officers, agents, and employees, harmless
against any loss or liability for or on account of the infringement of any patent rights or
copyrights in connection with any invention, process, technique, article or appliance
required by the Plans or Specifications, including use by Contractor unless Contractor had
actual knowledge of the potential infringement and failed to notify Owner.

[Hide contract text]

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Compliance with the Law


Everyone is presumed to know the law. As a practical matter, that's impossible. Still, it's
traditional for construction contracts to recite the obligation of contractors and
subcontractors to comply with all federal, state and local laws, regulations, codes and
orders of public authorities. A more reasonable standard is the mutual obligation of both
contractor and owner to use reasonable care to comply with requirements imposed by
government authority. In the topic 'Contract Boilerplate' and the sub-topics 'Choice of Law'
and 'Choice of Venue', you’ll have a chance to select the state law to be applied when
interpreting this contract and the forum to be used when necessary to resolve disputes that
arise under this agreement.

Select one of the following.

Contractor and subcontractors.

[Click to view contract text]

Contractor and Subcontractors working for Contractor shall comply with state, federal and
local Law when discharging their responsibilities under this agreement. All Work done
under this agreement will meet Requirements of state and federal Law, ordinances,
regulations and codes adopted pursuant to Law.

[Hide contract text]

Owner and Contractor.

[Click to view contract text]

Contractor and Owner mutually commit to use reasonable care to meet the Requirements
of state, federal and local Law when discharging their responsibilities under this
agreement.

[Hide contract text]


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Details on Compliance with the Law

Select any or all of the following.

Contractor will notify Owner when a defect in the plans is found.

[Click to view contract text]


If Contractor observes that Drawings, Specifications, or other Contract Documents do not
comply with applicable Law, Contractor shall promptly notify Owner of the variance. Any
changes made to the Contract Documents as a result of this notice shall be handled in the
form of a Change Order under this agreement.

[Hide contract text]

Contractor is liable for failure to give notice of a known or suspected defect in the plans.

[Click to view contract text]

Contractor shall bear all cost of correcting Work that does not comply with Law if
Contractor knows or reasonably should have known that Plans or Contract Documents are
Defective, and Contractor fails to give notice of that Defect to Owner.

[Hide contract text]

Contractor is not responsible for plan defects not recognized by Contractor.

[Click to view contract text]

Contractor shall bear none of the cost of correcting Work completed according to Contract
Documents but not in compliance with Law if Contractor did not know that Contract
Documents or instructions from Owner did not comply with the Law.

[Hide contract text]

If a change in the law affects the scope of work, Owner will execute a change order.

[Click to view contract text]

If Law enacted after the Contract Date changes the Scope of Work under this agreement,
Contractor and Owner will execute a Change Order adjusting the Contract Price and
Contract Time to accommodate the change in the Scope of Work.

[Hide contract text]

Contractor and Subcontractors hold licenses required for work to be performed under this
contract.

Most states require that construction contractors be licensed.

[Click to view contract text]


Contractor is licensed to do Work described in the Contract Documents. Contractor will
notify Owner of any change in that license status. Every Subcontractor working for
Contractor will hold a license appropriate for the Work performed.

[Hide contract text]

Neither Owner nor Contractor is responsible for breach of law by any other party.

[Click to view contract text]

Except as required by Law, Owner is not responsible for any breach of Law by Contractor.
Except as required by Law, Contractor is not responsible for any breach of Law by Owner.

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Submittal Preference

Select one of the following.

Submittals clause Short form (less details, less requirements).

This form of the submittals clause obligates Contractor to get approval prior to buying or
installing material (where required by this contract) and obligates Owner to disclose why
any submittal was denied. The short form lacks the detail that may be required on larger
projects.

[Click to view contract text]

Contractor will get prior approval from 0i\i before buying or installing any material for which
prior approval is required by the Contract Documents. If disapproved, 0i\i will indicate why
approval was withheld. Where a contract task requires prior approval, any materials
purchased or Work done before approval is at the risk of Contractor.

[Hide contract text]

Submittals clause Long form (more questions to follow).

The long form can be very detailed and is recommended for larger projects. Selecting this
option will prompt you to select the topics that will be included in the Submittals clause.
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=
Submittal Terms

Select any or all of the following.

A letter of transmittal must accompany each set of submittals.

[Click to view contract text]

All Submittals delivered to 0i\i will be accompanied by a letter of transmittal identifying in


detail all attachments and enclosures. The letter of transmittal will include the following
information: (1) Date of submission, (2) Project name, (3) Project location, (4) Name of the
submitting Contractor and Subcontractor (if any), and (5) Revision number.

[Hide contract text]

Submittals must meet detailed standards as described in this clause.

[Click to view contract text]

Shop Drawings will indicate in detail all parts of the building components, Installation
details, and coordination with Work of other trades or other Contractors. Shop Drawings
for structural steel, timbers and pre-cast concrete will include engineering calculations,
fabrication details and erection Drawings that show physical characteristics, dimensions,
shapes, inserts, attaching points and methods, and other information required for
manufacture, assembly and erection, in compliance with the Contract Documents.

[Hide contract text]

Contractor must submit drawings which depict how the work of subcontractors will be
coordinated.

[Click to view contract text]

Contractor will submit to 0i\i coordination Drawings which show the location of plumbing,
piping, HVAC duct, electrical work, and communication lines and equipment throughout
the Project.

[Hide contract text]

Contractor will collect and review submittals from subcontractors.

[Click to view contract text]


Contractor will collect and review Submittals prepared by Subcontractors and vendors, and
process those Submittals for approval as though the Work were being done by employees
of Contractor.

[Hide contract text]

Contractor may also submit drawings for review even if not required by the contract
documents.

[Click to view contract text]

Contractor will submit to 0i\i Shop Drawings, product data, Samples, and similar
Submittals required by the Contract Documents. Contractor may also make Submittals not
required by the Contract Documents. 0i\i may return without comment Submittals which
are not required by the Contract Documents.

[Hide contract text]

Contractor will certify that submittals are accurate before requesting approval.

[Click to view contract text]

Contractor will review Submittals for accuracy, completeness, and compliance with the
Contract Documents. Before submission to 0i\i, Contractor will verify that materials, field
measurements, products, materials, systems, equipment, procedures and conditions in the
Submittal comply with the Contract Documents and other relevant Submittals. As evidence
of this review, Contractor will attach to each Submittal a written verification of accuracy
when delivered to 0i\i. Submittals delivered to 0i\i without written verification of accuracy by
Contractor may be returned to Contractor without further action.

[Hide contract text]

Contractor will quote a cost and delivery date if any submittal requires a change order.

[Click to view contract text]

Approval by 0i\i does not relieve Contractor of responsibility for compliance with the
Contract Documents except as follows: If a Submittal does not comply with Contract
Documents, Contractor will attach to the Submittal, prior to approval, a written request for
variation showing the change in Contract Price and Contract Time, if any, that will result
from the variation. If 0i\i approves a Submittal which includes a written request for a
variation and which requires a change in the Contract Price or Contract Time, 0i\i will issue
a contract modification confirming the change. If 0i\i approves a Submittal with a written
request for a minor variation which does not require a change in the Contract Price or
Contract Time, no contract Modification is needed. A minor variation is anything which
does not materially alter the quality or performance of the Work. Approved variations are
subject to all terms of this agreement and without prejudice to any rights granted to 0i\i
under a Surety Bond.

[Hide contract text]

Rejection of any submittal will give Contractor clear guidance on what will be accepted.

[Click to view contract text]

Contractor is entitled to expect that corrections to Submittals by 0i\i be clearly noted and
easily understood so that prompt resubmission is possible without further instructions from
0i\i.

[Hide contract text]

Corrections to submittals are not authorization to do extra work.

[Click to view contract text]

Changes to Submittals indicated by 0i\i will not be considered authorization to perform


Extra Work. If Contractor considers any correction or change to a Submittal to require
Work which differs from Requirements in the Contract Documents, Contractor shall
promptly notify 0i\i in writing.

[Hide contract text]

Contractor will submit a specified number of copies of shop drawings.

Specify the number of shop drawings in the box below.

[Click to view contract text]

Contractor will submit to 0i\i (Number of Copies) copies of Shop Drawings for approval.
One set of Shop Drawings will be returned to Contractor. 0i\i may duplicate, use, and
disclose in any manner and for any purpose Shop Drawings delivered under this contract.

[Hide contract text]

Number of copies of shop drawings to be submitted for approval:

Enter the number of copies of shop drawings that Contractor must submit for approval.

Samples must meet detailed standards as described in this clause.


[Click to view contract text]

Unless otherwise directed, Contractor will submit Samples in triplicate, boxed or wrapped
securely, each labeled with the name, type or brand of the material, place of origin, name
of the producer, name of the Project for which the material is intended, and name and
address of Contractor. All Samples will be delivered to 0i\i with shipping charges prepaid.

[Hide contract text]

Contractor will do no work until the appropriate samples or submittals have been
approved.

[Click to view contract text]

Contractor will perform no portion of the Work requiring approval of Shop Drawings,
product data, Samples, or other Submittals until the appropriate Submittal has been
reviewed and approved by 0i\i. Work that requires approval will be done in accord with the
approval as issued by 0i\i, and as required by the Contract Documents.

[Hide contract text]

On discovery of an error in an approved submittal, Contractor will give notice and await
instructions.

[Click to view contract text]

If Contractor discovers any conflicts, omissions, or errors in approved Shop Drawings or


other Submittals, Contractor will notify 0i\i and wait for further instructions before
proceeding with the Work affected.

[Hide contract text]

Contractor will identify the changes made when re-submission is required.

[Click to view contract text]

When any Submittal is returned to Contractor with a request for change, Contractor will
make the change or changes requested and offer a second version of the Submittal for
further review. Contractor will identify in any second or subsequent version of a Submittal
those alterations which are in addition to or deviate from the change or changes requested
by 0i\i.

[Hide contract text]

When required, an engineer's seal will cover all calculations and drawings in a submittal.
[Click to view contract text]

If the Contract Documents require that a Submittal be prepared and sealed by a registered
architect or licensed engineer retained by Contractor, all Drawings, calculations,
Specifications, and certifications of the Submittal will bear the seal of registration and
signature of the registered or licensed Design Professional who prepared the Submittal or
under whose supervision the Submittal was prepared. 0i\i may rely on the adequacy,
accuracy, and completeness of any Submittal signed and sealed by a licensed Design
Professional if performance and design criteria of the Submittal meets Requirements of the
Contract Documents.

[Hide contract text]

Contractor will furnish a complete set of submittals to 0i\i.

[Click to view contract text]

Contractor will, upon completion of the Work, furnish to 0i\i a complete set, neatly bound
and in good condition, of all Submittals of Contractor, Subcontractors, Sub-subcontractors,
and Suppliers as reviewed by 0i\i with all modifications indicated and showing the Work as
actually completed. This Requirement is a condition precedent to Contractor receiving final
payment.

[Hide contract text]


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Submittal Deadlines - Delivery

Select one of the following.

Early enough to prevent delay.

[Click to view contract text]

Contractor will prepare and deliver Submittals to 0i\i sufficiently in advance of construction
Requirements and in a sequence unlikely to cause delay in the Work or in the activities of
0i\i or of Separate Contractors. In each case, Contractor will allow 0i\i sufficient time for
adequate review of Submittals, and resubmission, if necessary, without delaying the Work.

[Hide contract text]

In compliance with a submittals schedule.


[Click to view contract text]

Contractor will prepare and submit to 0i\i a schedule of Submittals showing the subject
matter, the date of proposed submission to 0i\i and identifying those Submittals which are
critical to the Project schedule. As the Project schedule changes, Contractor will make
appropriate changes in the schedule of Submittals to meet the Requirements of 0i\i.
Contractor will give 0i\i advance notice 3 days before the expected delivery of Submittals.

[Hide contract text]

Within a set number of calendar days of execution of this contract.

[Click to view contract text]

Within 1 calendar day after execution of this agreement, Contractor will prepare and
submit to 0i\i for approval all Shop Drawings, product data, Samples, and similar
Submittals required by the Contract Documents.

[Hide contract text]


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Submittal Deadlines - Response

Select one of the following.

In a time set by mutual agreement.

[Click to view contract text]

Review of Submittals should be completed in a time mutually acceptable to Contractor and


0i\i or as provided by the Contract Documents.

[Hide contract text]

Within a set number of calendar days.

[Click to view contract text]

0i\i will review Submittals and notify Contractor of approval or rejection within 1 calendar
day of receipt.

[Hide contract text]


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=
Significance of Approved Submittals
Design professionals working for the owner often prefer to avoid responsibility for design
work done by others in submittal documents. Architects prefer to limit responsibility for
checking compliance with the "design concept." Approvals under that standard offer little
comfort to owners and contractors. Details of the design professionals' agreement with the
owner are beyond the scope of Craftsman Construction Contract Writer. But all can agree
that neither contractors nor building owners should be required to practice architecture
without a license. As the only design professional on the scene, the owner's architect has
an obligation to assure the integrity and consistency of building components and to
exercise due care when discharging professional responsibilities.

Select one of the following.

Review is for design compliance only.

[Click to view contract text]

0i\i will review Submittals for compliance with the design concept of the Project only.
Approval by 0i\i does not relieve Contractor of responsibility for accuracy of dimensions,
details and proper fit, or for compliance with the Contract Documents in all respects.

[Hide contract text]

Review is for compliance with the contract documents.

[Click to view contract text]

0i\i will review Submittals of Contractor for conformance with Requirements of, and the
design principles expressed in, the Contract Documents and will approve or take other
appropriate action upon those Submittals. Approval by 0i\i does not relieve Contractor of
responsibility for ensuring that physical characteristics, Installation procedures and
performance standards of the Work meet Requirements of the Contract Documents and
pose no unreasonable risk of harm to Installation personnel. Nothing in this paragraph
shall be interpreted to relieve 0i\i from the obligation to exercise due care in reviewing
Submittals or the obligation to notify Contractor of errors or omissions which 0i\i
discovered or should have discovered during the review process.

[Hide contract text]

Approved submittals are contract documents.

[Click to view contract text]

0i\i will review Submittals of Contractor for conformance with Requirements of the Contract
Documents and will approve or take other appropriate action upon those Submittals. 0i\i
will advise Contractor of any errors or omissions which 0i\i may detect during this review.
Submittals approved by 0i\i become additions to the Contract Documents and can be
relied on by Contractor in completing the Work. Nothing in any approved Submittal shall be
interpreted to limit Contractor in selection of the means, method, technique, sequence or
procedure of construction.

[Hide contract text


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Job Site Safety

Later questions will cover the protection of people and property on the job site.

Select one of the following.

Job site safety clause Short form (less detail, less demanding).

This form of the job site safety clause obligates Contractor to comply with safety laws and
to take reasonable precautions for the safety of employees and the public. The short form
lacks the detail that is required on larger projects where the risk of injury to people or
property is greater.

[Click to view contract text]

Contractor will at all times take all reasonable precautions for the safety of employees and
the public at the Job Site and will comply with all applicable safety Laws and regulations of
federal, state, and local authorities (including building codes) and safety Requirements of
Owner.

[Hide contract text]

Job site safety clause Long form (more detail, more demanding).

Selecting this option will prompt you to select the details that supplement this basic clause.
The long form is recommended for larger projects, where the work is extensive and
involves a substantial risk of injury to people and property on the job site.

[Click to view contract text]

Contractor will initiate, maintain and supervise construction means and methods and
precautions reasonably designed to prevent damage, injury or loss to persons or property
on or in the vicinity of the Work Site, including property of Owner, stored materials and
construction equipment. Contractor will inspect construction operations to identify and
eliminate unsafe conditions, whether caused by employees or agents of Contractor,
Subcontractors, vendors, Owner, or the general public. Contractor will ensure that
Subcontractors and vendors working under the direction or control of Contractor comply
with all applicable provisions of federal, state and local Laws, rules and regulations,
building codes, Requirements of Owner and Requirements in this agreement that relate to
safety of persons or property.
[Hide contract text]

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Responsibility for Safety

Responsibility for safety should rest with the person or company most able to control
unsafe conditions. The contractor controls the job site. The design professional controls
the plans and specifications. The owner controls the site before work begins and after
work is completed. But there are gray areas where control may not be clear. These
clauses are intended to resolve disputes about unsafe conditions.

Select any or all of the following.

Contractor is not responsible for parts of the job controlled by others.

[Click to view contract text]

Nothing in this contract will be interpreted to impose on Contractor responsibility for safety
on portions of the Job Site over which Contractor is not exercising control of the means
and methods of construction, including, but not limited to, Work by a Separate Contractor,
or portions of the Project over which Owner has Partial Use or Beneficial Occupancy.
Neither is Contractor responsible for unsafe conditions created by Owner before the Date
of Commencement or for unsafe conditions about which Contractor has no knowledge or
control and about which Owner is fully informed.

[Hide contract text]

Owner may stop work if a safety violation is observed.

[Click to view contract text]

If at any time Owner becomes aware of any unsafe condition on the Job Site which poses
a serious or imminent danger to the health or safety of the public or construction
personnel, Owner may notify Contractor orally, with written confirmation, and request
immediate corrective action. This notice, when delivered to Contractor or Contractor's
Representative, will be considered notice of non-compliance with Contract Documents. If
Contractor fails or refuses to take corrective action promptly, Owner may stop all or part of
the Work until satisfactory corrective action has been taken. If Work is stopped by Owner
for failure to take corrective action, Contractor is not entitled to adjustment of the Contract
Price for delay or extension of the Contract Time.

[Hide contract text]


Owner can make a correction and charge Contractor for failure to correct an unsafe
condition.

[Click to view contract text]

If Contractor fails to take immediate corrective action following notice from Owner of any
unsafe condition, Owner shall have the right, but not the obligation, to take all necessary
corrective action at the expense of Contractor.

[Hide contract text]

Owner is not responsible for safety on Project.

[Click to view contract text]

Nothing in this contract shall be construed to mean that Owner has authority or
responsibility to administer, supervise or inspect safety programs or conditions at the Job
Site. Any duty of Owner to conduct periodic Inspections of the Work shall not give rise to a
duty to review or approve the adequacy of the safety program of Contractor or any safety
measure Contractor takes or fails to take.

[Hide contract text]

Contractor is not responsible for instructions or plans provided by others.

[Click to view contract text]

Nothing in this contract shall be construed to impose on Contractor any responsibility for
the adequacy or safety of Project Drawings, prints, Plans, or Specifications prepared by
others. Neither is Contractor responsible for the adequacy or safety of written instructions
or oral instructions issued by Owner.

[Hide contract text]

Contractor can stop work if unsafe plans or instructions are offered by others.

[Click to view contract text]

If Contractor determines that construction in compliance with Drawings, prints, Plans,


Specifications, written or oral instructions issued by Owner poses an imminent danger to
the health or safety of the public or construction personnel, Contractor may stop Work on
that portion of the Work considered unsafe and give written notice to Owner of the unsafe
condition. With that written notice, Contractor will propose a Change Order which would
eliminate the unsafe condition and allow Work to proceed in a safe manner. If Contractor is
advised by Owner to proceed without the Change Order proposed, Owner accepts
responsibility for negligent acts or omissions of Owner that result in loss or damage
resulting from the condition described by Contractor as unsafe.

[Hide contract text]

On request, Contractor will appoint an accident prevention specialist.

[Click to view contract text]

If requested by Owner, Contractor will appoint a qualified accident prevention specialist


responsible for monitoring and eliminating unsafe conditions on the Job Site during
construction. The appointed accident prevention specialist will manage all safety-related
issues at the Job Site and is authorized by this agreement to communicate directly with
Owner and anyone acting under direction or control of Owner on issues that concern
accident prevention.

[Hide contract text]


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Protection of People and Property

Select any or all of the following.

Contractor will develop a safety program for the Project.

Will Contractor be required to develop a safety program?

Safety standards will cover handrails, walks, lighting and hard hats.

Includes standards for handrails, walks, lighting and hats.

Safety standards will require fire extinguishers and prohibit open flames.

Prohibits open flames and requires extinguishers.

Safety standards will require OSHA compliance.

OSHA compliance and distribution of Material Safety Data Sheets (MSDS).

Safety standards will require protection of the existing construction.

Important considerations for repair, remodeling and tenant improvement jobs.

Safety standards will require protection of new work.

Protection for building components during construction.

Safety standards will require protection of people and property off the building site.
Requires certain steps to protect the public and prevent damage to other property.

Safety standards will require fencing and toilet facilities on-site.

Includes requirements for fencing and toilet facilities.

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Safety Program

Select any or all of the following.

The safety program will meet all legal requirements.

[Click to view contract text]

Contractor shall institute and maintain a safety program designed to avoid and prevent
unsafe conditions and unsafe acts on the Job Site during the period of construction,
whether by Contractor personnel, Subcontractors, Sub-subcontractors, or visitors to the
site. The safety program adopted by Contractor will meet all Requirements of federal, state
and local Laws and regulations.

[Hide contract text]

Contractor will present the safety plan to Owner for approval.

[Click to view contract text]

Contractor shall present to Owner for approval a safety plan describing how Contractor
proposes to meet all OSHA and related Requirements, details on how safety equipment is
to be used, how the risk of fire and other potential hazards will be abated, how welding and
flame-cutting will be done, and how Contractor will maintain safety-related equipment such
as fire extinguishers, fire alarms and fire sprinklers during the period of construction.

[Hide contract text]


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Safety Standards

Select any or all of the following.

All work areas will have adequate light.

Contractor will ensure the lighting complies with Table D-3 of § 1926.56, 29 CFR.
[Click to view contract text]

Contractor will ensure that construction areas, aisles, stairs, ramps, runways, corridors,
offices, shops, and storage areas where Work is in progress are lighted with either natural
or artificial illumination not less than the minimums set in Table D-3 of Code of Federal
Regulation § 1926.56.

[Hide contract text]

Walking surfaces must be strong enough to support foot traffic.

Contractor will ensure walking surfaces comply with paragraph (k) of § 1926.502, 29 CFR.

[Click to view contract text]

Contractor will not permit employees, employees of Subcontractors, vendors or the


general public to use any walking surface which lacks the structural integrity to support
foot traffic. Every working surface or leading edge 6 feet (1.8 m) or more above a lower
level will be protected with a guardrail, safety net, or personal fall arrest system. Exception:
If Contractor can demonstrate that it is infeasible or creates a greater hazard to use a
guardrail, safety net or personal fall arrest system, Contractor may substitute a fall
protection plan which meets the Requirements of paragraph (k) of Section 1926.502, 29
Code of Federal Regulations.

[Hide contract text]

A cover or guard is required around any hole or opening that exceeds 6 feet in depth.

[Click to view contract text]

Where a walking or working surface is adjacent to a hole or opening 6 feet (1.8 m) or more
above a lower level (such as a skylight), Contractor will either install a cover or guardrail
around the perimeter of the hole or require construction personnel to use a personal fall
arrest system.

[Hide contract text]

Overhead protection from falling objects is required.

[Click to view contract text]

When employees of Contractor, employees of Subcontractors, vendors, or the general


public may be exposed to risk of harm from falling objects on the Job Site, Contractor will
(1) Erect toe boards, screens, or guardrails to prevent objects from falling from higher
levels, or (2) Erect a canopy to catch loose objects before they fall to the surface below, or
(3) Barricade the area into which objects could fall and keep personnel out of the
barricaded area.

[Hide contract text]

Workers and visitors on-site must wear hard hats.

[Click to view contract text]

Contractor shall ensure that all workers and visitors on the Job Site wear safety hard hats
and obey all safety rules and regulations. Contractor shall post a sign in a conspicuous
location indicating that safety hard hats are required on-site and shall loan such hats to
visitors, as may be required.

[Hide contract text]

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Fire Protection

Select any or all of the following.

Workers will be required to eliminate fire hazards.

[Click to view contract text]

Contractor shall ensure that all construction personnel take precautions to eliminate fire
hazards and prevent fire damage on the Job Site.

[Hide contract text]

Appropriate fire extinguishers must be kept available on-site.

[Click to view contract text]

Contractor shall maintain during construction an appropriate number of fire extinguishers.


Fire extinguishers shall be in good working order, conveniently located, clearly visible and
readily accessible for proper protection of the Work. Fire extinguishers shall be an
approved type, equivalent to 2-1/2 gallon water-pressurized, and appropriate for the likely
hazards. In areas with flammable liquid, asphalt, or electrical hazards, fire extinguishers
shall be equivalent to the carbon dioxide type or dry chemical type. During freezing
weather, extinguishers shall be enclosed in heated cabinets or be of an antifreeze type.
[Hide contract text]

No open fires will be allowed on-site without prior permission of Owner.

[Click to view contract text]

No open fires of any kind will be allowed on the Job Site during the course of construction
without explicit permission of Owner. Contractor shall consult with Owner before bringing
any roofing tar kettle on the Job Site and before conducting any Work that requires
welding or flame-cutting.

[Hide contract text]

Fire lanes will be kept open during construction.

[Click to view contract text]

Contractor shall ensure that no vehicles, materials, or equipment obstruct fire lanes or
aisles unless alternate routing is provided which preserves good access for firefighting
trucks and equipment.

[Hide contract text]


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Protection of Personnel

Select any or all of the following.

Contractor will comply with all applicable safety regulations.

[Click to view contract text]

Contractor shall comply with all applicable Laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the safety of persons and protection of property,
including Requirements of the Occupational Safety and Health Act (OSHA). Where
Requirements of federal, state or local Law or regulations are in conflict, Contractor shall
comply with the most stringent or demanding provision.

[Hide contract text]

Contractor will distribute Material Safety Data Sheets to Owner and subcontractors.
[Click to view contract text]

Contractor shall supply to Owner, Subcontractors and Sub-subcontractors, a copy of each


Material Safety Data Sheet(s) (MSDS) on any Hazardous Material that Contractor, any
Subcontractor or any Sub-subcontractor brings on the Job Site. When no longer needed
for construction, Contractor shall ensure that Hazardous Materials are removed from the
Job Site. No Hazardous Material shall be disposed of or discarded in any means other
than as prescribed in the applicable MSDS. No toxic or Hazardous Materials of any
description will be placed in refuse disposal containers used for general construction
debris.

[Hide contract text]

Contractor will provide Owner with copies of accident reports.

[Click to view contract text]

Contractor shall promptly submit to Owner a written notice of any accident on the Job Site
that results in personal injury requiring medical treatment or damage to property in excess
of $500. Contractor will make available to Owner a copy of any accident report Contractor
is required to file with any public agency or insurance carrier.

[Hide contract text]


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Protection of Existing Work

Select any or all of the following.

Contractor will protect landscaping designated to remain after work is complete.

[Click to view contract text]

Contractor will avoid using for construction operations any planting area which is
designated to remain after completion of Construction. Driving of vehicles on landscaped
areas is prohibited without approval of Owner. When use of landscaped area is required
during the construction period, Contractor shall remove, store, tend and replant all trees,
shrubs, and lawn area that interfere with construction operations. If removal and
replacement is impractical, Contractor may trim, prune, tie back, cover and protect trees
and shrubs during the period of construction. Trees, shrubs and lawn area on the Job Site
which do not survive the construction period will be replaced by Contractor at no cost to
Owner, prior to Substantial Completion. Contractor shall not use the area under the drip
line of trees for storage of construction materials, equipment, trailers or vehicles.

[Hide contract text]


Owner will cut back landscaping before work begins.

[Click to view contract text]

Owner will prepare the area adjacent to surfaces to be painted by cutting back shrubs and
trees to provide clearance between each shrub or tree and the surface to be painted.
Contractor will cover and tie back all shrubs and trees that may be affected by painting of
adjacent surfaces.

[Hide contract text]

Contractor will protect paved surfaces from damage by construction vehicles.

[Click to view contract text]

If Contractor parks trailers or equipment on existing parking lots or pavements, wheels and
dollies shall be set on plywood pads or blocking large enough to prevent damage to the
paved surface. Material stored on new or existing pavements shall be placed on blocking
and raised adequately so as not to block surface drainage.

[Hide contract text]

Contractor will erect dust partitions to protect adjacent areas and occupants.

[Click to view contract text]

Contractor will erect and maintain during the construction period suitable dust-proof
temporary partitions designed to protect the building contents and occupants against
airborne dust and debris. Contractor will ensure that air conditioning supply air inlets are
covered to prevent contamination of the central air conditioning supply. When construction
personnel are not on the Job Site, Contractor shall provide temporary covers for doorways,
roof, window sash, and other penetrations through the exterior wall.

[Hide contract text]

Contractor will restore site improvements damaged during construction.

[Click to view contract text]

Contractor shall restore to the same condition as before Work started all streets, drives,
sidewalks, walls, lights, signs, fences, poles and building components disturbed or
damaged by Contractor or Subcontractors during construction.

[Hide contract text]


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Protection of New Work

Select any or all of the following.

Contractor will protect finished surfaces during construction to prevent damage.

[Click to view contract text]

Contractor shall protect installed materials during the construction period so finished
surfaces (such as plumbing fixtures, woodwork, trim, walls, floors, ceilings and counters)
show no signs of damage or deterioration at the time of Substantial Completion. Except as
otherwise provided in the Contract Documents, all Work shall be thoroughly cleaned and in
a "like new" condition at the time of Substantial Completion. This includes dusting, window
cleaning, floor cleaning, and removing grime and stains from finished surfaces.

[Hide contract text]

Contractor will protect materials from damage due to weather exposure.

[Click to view contract text]

During the period of construction, Contractor will provide protection against the weather to
prevent damage to building and materials from rain, wind, snow and ice.

[Hide contract text]

Contractor will provide supports and bracing to prevent injury during construction.

[Click to view contract text]

When parts of the structure or an adjoining structure require support until connecting
members are in place, Contractor shall install temporary support, bracing and tying
adequate to prevent damage to the structure and injury to personnel.

[Hide contract text]

Contractor will protect the work from excessive loads.

[Click to view contract text]


Contractor will not permit any load to be applied or forces to be introduced on any part of
the Job Site that may cause damage to the Work or endanger the safety of persons on or
near the Job Site.

[Hide contract text]


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===

Protection of Others

Select any or all of the following.

Contractor will provide barriers and signs which protect personnel on-site.

[Click to view contract text]

Contractor will install barriers, direction signs, flashers, warning signals, barricades, and
other devices to protect personnel on and adjacent to the site while minimizing disruption
of normal pedestrian and motor traffic. Contractor shall not remove or obstruct existing
traffic control devices, such as bollards, chains, posts, building signs, or traffic signs,
without approval from Owner.

[Hide contract text]

Contractor will observe reasonable precautions before excavation or trenching begins.

[Click to view contract text]

Before trenching Work begins, Contractor will locate the position of irrigation piping, advise
utility companies to mark the location of their service lines, and notify owners and
occupants of adjacent property of the Work to be done. Contractor will do no trenching or
excavation which could result in undermining or displacement of existing structures or site
improvements. All trenches and pits in the vicinity of the Work shall be covered securely or
well barricaded and properly lighted at night.

[Hide contract text]

Contractor will keep dust, dirt and debris away from adjacent property.

[Click to view contract text]

Contractor shall protect adjoining property and nearby buildings, roads, and other facilities
from airborne dust, dirt, and debris originating on the Job Site. When required, Contractor
will control fugitive dust with a watering program.

[Hide contract text]


Contractor will control silt and water runoff to adjacent sites.

[Click to view contract text]

It shall be the responsibility of Contractor to maintain good drainage at the Job Site so
water does not accumulate in finished areas or spill into adjacent properties in volumes
likely to cause damage. Contractor shall initiate an effective erosion and sedimentation
control program which includes measures that minimize erosion and silt runoff.

[Hide contract text]


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Protection of Site Facilities

Select any or all of the following.

Contractor will provide temporary fencing for the work area.

[Click to view contract text]

The area used by Contractor and Subcontractors working for Contractor will be fenced. If
not otherwise provided in the Contract Documents, orange plastic webbed fencing or snow
fencing shall be considered acceptable temporary fencing.

[Hide contract text]

Contractor will protect the site from theft and unauthorized entry.

[Click to view contract text]

Contractor shall protect the Job Site and Work from theft, acts of malicious mischief,
vandalism, and unauthorized entry both during normal work hours and at other times.
Contractor shall be liable for all loss and damage that result from failure to protect the Job
Site and the Work.

[Hide contract text]

Contractor will provide and maintain toilet facilities.

[Click to view contract text]


Contractor shall provide and maintain toilet facilities on the Job Site for use by construction
personnel. Toilet facilities shall conform to the Requirements of state and local authorities.

[Hide contract text]

Contractor will provide stairs and ladders for all trades.

[Click to view contract text]

Contractor shall provide and maintain temporary stairs, main ladders, and runways for
access to all areas of the Project for use by all construction trades. Contractor shall erect
permanent stairs as soon as possible in the construction process and will provide those
stairs with protective treads, handrails and shaft protection.

[Hide contract text]


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Response to an Emergency

Select any or all of the following.

Contractor is authorized to act in an emergency.

[Click to view contract text]

In any Emergency threatening the health, safety or life of persons or serious and
immediate damage to property, Contractor shall use best efforts and full discretion without
special instruction or authorization from Owner to prevent the threatened damage, injury or
loss. When directed by any authority, Contractor shall provide Emergency assistance
without special instruction or authorization from Owner. However, Contractor shall notify
Owner promptly if Contractor believes any significant changes in the Work or variations
from Contract Documents have been caused by the Emergency response.

[Hide contract text]

A change order will be negotiated to cover the cost of emergencies if Contractor is not at
fault.

[Click to view contract text]

Provided Contractor is not responsible for the Emergency condition and provided the
additional cost to Contractor for the Emergency response is not covered by insurance or
recoverable from others, Contractor shall be granted a Change Order to compensate for
the Emergency response.

[Hide contract text]


An immediate emergency response by Contractor is required no matter the time or day.

[Click to view contract text]

Contractor shall respond immediately to calls for assistance at the Job Site any time, day
or night, when circumstances require the presence of Contractor to protect health or safety
or the Work or adjacent property.

[Hide contract text]

An emergency call list will be posted on-site.

[Click to view contract text]

Contractor shall post on the Job Site a list of current Emergency telephone numbers. The
list shall include telephone numbers for responsible individuals who can be contacted after
normal working hours in the event of an Emergency. This list shall be posted in a
prominent place on the Project and protected from the weather.

[Hide contract text]


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Details on Hazardous Materials Used in Construction

Select any or all of the following.

Contractor is responsible for hazardous materials brought to the site.

[Click to view contract text]

Except as provided elsewhere in the Contract Documents, Contractor is responsible for all
Hazardous Materials brought to the Job Site by Contractor or Subcontractors.

[Hide contract text]

Use of materials containing asbestos is prohibited.

[Click to view contract text]

The use of materials or equipment containing asbestos is prohibited under this contract.
Contractor warrants that all materials and equipment incorporated in the Project are
asbestos-free. Contractor shall be responsible for removal and replacement costs should it
be determined that the provision of this paragraph has been violated. Responsibility of
Contractor for violating the terms of this paragraph shall not be limited in duration by
Project completion, the warranty period, or other provisions of this contract.

[Hide contract text]

Explosives will not be used without prior approval.

[Click to view contract text]

Explosives shall not be used without first obtaining all permits required by Law, and written
permission from Owner. Storage of explosives on the Job Site is prohibited. Regardless of
the approval by Owner, any loss or damage that results from use or handling of explosives
by Contractor shall be the sole responsibility of Contractor. Powder-activated tools are not
considered explosives for purposes of this contract.

[Hide contract text]

No materials containing lead will be used except as required by this contract.

[Click to view contract text]

Except as provided elsewhere in the Contract Documents, Contractor is prohibited from


installing any lead-containing materials or products, including paint, in any Work to be
performed under this contract. Contractor shall be responsible for removal and
replacement costs should it be determined that the provision of this paragraph has been
violated. Responsibility of Contractor for violating the terms of this paragraph shall not be
limited in duration by Project completion, the warranty period, or other provisions of this
contract.

[Hide contract text]

Contractor will use approved procedures for storage of flammables.

[Click to view contract text]

All flammable liquid having a flash point of 110 degrees F. or below shall be confined to
Underwriters Laboratories-labeled safety cans. Paint thinners, gasoline, oil, roofing
materials, and other flammables shall be stored in suitable shelters at least 50 feet from
permanent structures. Spigots shall not be used on drums containing flammable liquids.
Drums are to be equipped with approved vented pumps.

[Hide contract text]

Disposal of flammables will comply with law and regulations.


[Click to view contract text]

Gasoline, flammable solvents, benzene and Similar combustible material shall be


disposed of in a manner which avoids hazard or damage to persons or property and not be
poured into sewers, manholes, drains or traps.

[Hide contract text]

Oil-soaked rags will be stored in sealed containers.

[Click to view contract text]

All oil-soaked rags, papers and Similar combustible material shall be placed in metal
containers with self-closing lids at the close of each Work Day.

[Hide contract text]

Only UL-approved temporary heating will be used on-site.

[Click to view contract text]

Temporary oil-fired stoves and gas-fired heaters shall be of types approved by


Underwriters Laboratories and shall have proper safety combustion controls.

[Hide contract text]

No welding will be done without prior approval.

[Click to view contract text]

Contractor will not do any welding or flame-cutting without first obtaining all permits
required by Law, and written permission from Owner.

[Hide contract text


====================================================================
===Discovery of HazMat On-Site - Procedure to Follow

The following clauses specify the procedure to follow upon discovery of hazardous
materials on the job site.

Select any or all of the following.

Owner to warn Contractor of hazardous materials on-site.


[Click to view contract text]

Owner warrants and affirms that no Hazardous Materials are known to exist on the Job
Site except as described elsewhere in the Contract Documents. If at any time after
execution of this agreement, Owner has any reason to believe that Hazardous Materials
exist or may exist on the Job Site, Owner will notify Contractor at once and send
confirmation in writing. This obligation to notify Contractor of Hazardous Materials does not
absolve Contractor of responsibility for monitoring safety conditions on the Job Site and
complying with all laws and regulations relating to Hazardous Materials.

[Hide contract text]

Owner is responsible for hazardous materials discovered on-site.

[Click to view contract text]

Except as provided elsewhere in the Contract Documents, Owner is responsible for all
Hazardous Materials discovered on the Job Site so long as those materials were not
brought on the Job Site by Contractor, Subcontractors, or anyone directly or indirectly
employed by them. Nothing in this paragraph shall relieve Contractor from liability for
negligence in handling or removing Hazardous Materials as required under the terms of
this agreement.

[Hide contract text]

Contractor will stop work upon discovery of hazardous materials on-site.

[Click to view contract text]

If Contractor discovers any material reasonably believed to be asbestos, toxic mold,


polychlorinated biphenyl (PCB), or other Hazardous Material not identified in the Contract
Documents, Contractor may stop Work in the area and shall notify Owner promptly. Until
the suspected material has been evaluated, Contractor shall keep construction personnel
away from the area affected.

[Hide contract text]

Contractor will resume work when suspected hazardous material is considered safe.

[Click to view contract text]

Once any material suspected of being hazardous has been rendered safe or judged
harmless by a licensed and qualified independent laboratory or consultant, Contractor
shall resume Work in the affected area.
[Hide contract text]

Contractor is not required to do any work involving hazardous materials except by consent.

[Click to view contract text]

Except as provided in the Contract Documents or as agreed by mutual consent, Contractor


shall not be required to perform Work relating to asbestos, polychlorinated biphenyl (PCB),
radioactive material, toxic mold or any other Hazardous Material.

[Hide contract text]


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===

Right of Contractor after Discovery of Hazardous Materials

Discovery of hazardous materials on the job site may increase the cost of completing the
job and will usually result in delay. Is that loss to be carried solely by Owner or shared
partially with Contractor?

Select one of the following.

Contractor is entitled to an extension of time and recovery of costs.

[Click to view contract text]

If Contractor incurs any loss as a result of the discovery or abatement of Hazardous


Material not brought on the Job Site by Contractor, Subcontractors or anyone directly or
indirectly employed by them, the Contract Price and Contract Time shall be adjusted by a
Change Order. Adjustment to the Contract Price shall include damages for delay,
liquidated damages (if provided in the Contract Documents), shutdown and startup
expense, lost profits and consequential damages.

[Hide contract text]

Contractor is entitled to an extension of time only.

[Click to view contract text]

If the Work of Contractor is delayed as a result of the discovery or abatement of


Hazardous Material not brought on the Job Site by Contractor, Subcontractors, or anyone
directly or indirectly employed by them, Contract Time shall be extended by a Change
Order, but Contractor shall not be entitled to recover for the cost of delay, liquidated
damages, shutdown or startup expense, lost profits, or consequential damages.
[Hide contract text]

There will be no adjustment to the contract.

[Click to view contract text]

Contractor shall not be entitled to any extension of the Contract Time or change in the
Contract Price as a result of the discovery or abatement of Hazardous Material on the Job
Site.

[Hide contract text]


=================================================================

Indemnification of Contractor for Losses

Indemnification is appropriate if Contractor is required by law to remove hazardous


materials discovered on the property of Owner, even if Contractor is not responsible.

Select one of the following.

Owner will indemnify Contractor for losses.

[Click to view contract text]

Owner shall defend, Indemnify and hold harmless Contractor from and against all loss,
liability, claims, costs, damage and economic detriment of any kind whatsoever, or
expense (including attorney's fees) that arises out of or results from the discovery or
existence of Hazardous Material on the Job Site, whether or not identified in the Contract
Documents, provided such loss, liability, costs, damage and economic detriment is not the
result of any negligent act or omissions of Contractor, Subcontractors or anyone directly or
indirectly employed by them. Indemnification by Owner under this paragraph shall apply
even if Owner is in no way responsible for the loss to Contractor.

[Hide contract text]


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===
Survey and Layout

Responsibility for Survey

Select one of the following.

Survey will be performed by Owner.

[Click to view contract text]


Owner will employ an engineer or licensed land surveyor to establish lines, points and
levels adequate to lay out alignment and elevations for the Project. Owner is responsible
for accuracy of the survey marks and other site information supplied to Contractor.
Contractor shall promptly notify Owner of any discrepancies found in survey markers or
other site information supplied by Owner.

[Hide contract text]

Survey will be performed by Contractor.

[Click to view contract text]

Contractor will employ an engineer or licensed land surveyor to establish lines, points and
levels adequate to lay out alignment and elevations for the Project. Contractor shall be
responsible for accuracy of this survey and shall make good any Defect in the Work which
results from an error in the survey provided by Contractor.

[Hide contract text]

Survey will be performed by Owner and verified by Contractor.

[Click to view contract text]

Owner will employ an engineer or licensed land surveyor to establish lines, points and
levels adequate to lay out alignment and elevations for the Project but assumes no
responsibility for accuracy of the survey provided. Without extra cost to Owner and before
beginning construction, Contractor shall engage a licensed surveyor, if necessary, to verify
accuracy of the survey provided by Owner.

[Hide contract text]

Reference points have already been established.

[Click to view contract text]

Owner will direct Contractor to survey reference points on the ground which Contractor
can rely on when setting alignment and elevations for the Project.

[Hide contract text]

Owner will designate the location of the Project.

[Click to view contract text]


Owner represents that Owner has the right to improve the property where the Project will
be located. Owner represents that the access way and Construction Site is within the
property lines and clear of setbacks, wetlands restrictions, underground installation and
overhead power lines and that the Project will comply with all applicable zoning laws.
Owner represents that construction of the Project will not interfere with support of existing
or proposed structures. Owner acknowledges directing the location of the Project and
other improvements and will not hold Contractor liable for any incorrect location of the
Project. Owner will indemnify, hold harmless and defend Contractor from any Claim, loss
or expense (including reasonable attorney's fees) arising by reason of trespass or damage
by Contractor resulting from designation of the location of the Project or access routes to
the Project.

[Hide contract text]


====================================================================
==

Loss of Survey Markers

It's common for survey markers to be lost or destroyed during construction. How the
marker was damaged or who is at fault may not be known.

Select one of the following.

Contractor is liable for lost or damaged markers.

[Click to view contract text]

Contractor shall maintain and preserve all survey monuments, markers, hubs and stakes
on the Job Site until authorized or required to remove them. If such marks are lost, moved
or destroyed while still needed to complete the Work, Contractor will have the marker reset
by a licensed land surveyor or engineer at no cost to Owner.

[Hide contract text]

Owner is liable for lost or damaged markers.

[Click to view contract text]

Contractor shall use reasonable care to maintain and preserve all survey monuments,
markers, hubs and stakes on the Job Site while still needed to complete the Work. If
Contractor finds that an established reference point has been lost or destroyed, Contractor
may have the reference point reset by a licensed engineer or surveyor at the expense of
Owner.

[Hide contract text]


====================================================================
====
Other Information About the Site
Select any or all of the following.

Owner will provide Contractor with all site data available.

[Click to view contract text]

Owner will provide Contractor with all relevant site information available to Owner, such as
information about soil conditions, easements, utility lines (whether on or adjacent to the
site), floodplain maps, fault maps, and existing improvements. These are not Contract
Documents and Owner makes no warrant on the accuracy of information provided to
Contractor under the terms of this paragraph.

[Hide contract text]

Owner will provide a legal description of the site.

[Click to view contract text]

Owner will provide a legal description for the Job Site and the assessor's parcel number.

[Hide contract text]

Contractor will locate and protect all existing utility lines.

[Click to view contract text]

Before Work begins, Contractor shall locate all existing improvements and all utility lines
on the Job Site, including phone, electric, cable, gas, water, sewage, and drainage.
Contractor is responsible for any damage done to existing lines, cables, pipes, conduit,
and improvements.

[Hide contract text]

Contractor will provide Owner with an as-built site plan.

[Click to view contract text]

Upon Substantial Completion, Contractor will provide to Owner a copy of a survey by a


licensed surveyor or engineer showing the Job Site in plan view as actually completed with
distances to adjoining property lines, easements, and utility lines indicated.
[Hide contract text]
====================================================================
===

Project Layout

Once lot lines and elevations have been established by a licensed surveyor, the contractor
is usually responsible for layout of the work.

Select any or all of the following.

Contractor is responsible for a detailed layout of the job.

[Click to view contract text]

Contractor shall be responsible for alignment and elevation of the Work and will set grade
stakes, batter boards, and other working points, lines and elevations required to complete
the Project as described in the Contract Documents.

[Hide contract text]

Contractor will provide all tools and materials required to lay out each part of the work.

[Click to view contract text]

Contractor shall furnish all stakes, templates, platforms, equipment, tools, materials, and
labor required to lay out each part of the Work.

[Hide contract text]

Contractor guarantees that job layout will comply with the contract documents.

[Click to view contract text]

Contractor shall ensure that dimensions, levels and alignment conform to Project Plans
and will correct any error in layout at no cost to Owner so long as the error is not due to
inconsistency or ambiguity in the Contract Documents.

[Hide contract text]

Contractor guarantees the accuracy of measurements taken from existing structures.


[Click to view contract text]

Contractor shall locate and measure existing improvements on the Job Site to ensure
accurate fabrication, assembly, and Installation of new Work in correct relationship,
alignment, and connection to the existing structure, as described in the Contract
Documents.

[Hide contract text]


===================================================================

Permits and Fees

Select one of the following.

Contractor.

[Click to view contract text]

Contractor shall secure all permits, licenses and renewals required by government
authority to complete construction of the Project. If permits are required for Subcontracted
Work, Subcontractors will secure those permits. Owner shall assist Contractor in
responding to requests for information from the permit-issuing authority. Contractor shall
provide Owner a copy of each permit, license and renewal issued by government authority
for the Project.

[Hide contract text]

Owner.

[Click to view contract text]

Owner shall secure all permits and licenses required by government authority to complete
the Project. Contractor shall assist Owner in responding to requests for information from
the permit-issuing authority. Owner shall provide Contractor with a copy of all permits,
licenses and renewals issued by government authority for the Project.

[Hide contract text]

====================================================================
=
Taxes

Select any or all of the following.


Contractor pays sales and use tax.

[Click to view contract text]

Except as provided otherwise in this agreement, Contractor shall pay all federal, state,
county, and municipal sales, use, consumer, gross receipts, and excise taxes which are
levied or become payable as a result of completing the Work. Owner will pay all tax on
materials furnished by Owner and all property taxes levied on the land which comprises
the Job Site.

[Hide contract text]

The Project is exempt from taxes charged to Contractor.

[Click to view contract text]

Owner asserts that the Project is exempt from sales and use tax and that none should be
charged to Contractor or Subcontractors for building materials, supplies, fixtures,
equipment, and Installation labor which actually become part of the structure. Supplies,
tools and equipment used in the construction process (such as perimeter fencing) will be
subject to sales and use tax and payable by Contractor, even if used exclusively on the
Project. On request of Contractor or any Subcontractor, Owner shall cause a certificate of
exemption to be issued as evidence of the tax status of the Project. Should sales or use
tax be imposed other than as described in this paragraph, Owner agrees that the Contract
Price shall be increased by the full amount of all such sales or use tax (including fines and
penalties) actually paid by Contractor or Subcontractors.

[Hide contract text]

Contractor covers withholding and payroll taxes.

[Click to view contract text]

Contractor shall remit when due all federal, state and local withholding tax and payroll tax
on employee wages, premiums for unemployment and workers' compensation insurance,
and retirement contributions.

[Hide contract text]

Contractor will confirm payment of taxes before final payment is due.

[Click to view contract text]

On request of Owner and before final payment under this contract, Contractor shall
provide clear and convincing evidence of payment of all taxes and contributions that
became payable during the period of construction. In the event of an underpayment by
Contractor of any tax, insurance premium, or contribution due during the period of
construction, Contractor grants to Owner the right, pending settlement of Claims, to
withhold from final payment due Contractor, a sum equal to the estimated underpayment.

[Hide contract text]

Owner is liable for any increase in tax rates.

[Click to view contract text]

If any federal, state or local tax rate increases or if any new federal, state or local tax is
imposed, whether by Law, regulation, or interpretation, between the Contract Date and
Substantial Completion, the Contract Price shall be increased by the additional tax levied
on Contractor, but only to the extent that the change in rate or new tax could not have
been reasonably foreseen on the Contract Date.

[Hide contract text]


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==

Temporary Utilities

Temporary utilities (such as water and electricity) are usually required on-site for use by
construction trades.

The next set of questions covers permanent utilities to be used once construction is
complete.

Select one of the following.

Contractor provides temporary utilities.

[Click to view contract text]

Contractor shall pay all costs associated with use of temporary utilities on the Job Site
during construction, including application fees, permits, engineering, and metered service
for water, electric power, heating and cooling. Temporary utility systems provided by
Contractor shall be designed and installed to protect the public and construction personnel
and conform with applicable Laws and Regulations.

[Hide contract text]

Contractor uses existing utilities at no charge.

[Click to view contract text]


Owner shall permit Contractor to use utility services, including water, electric power,
heating and cooling, without charge, as required to complete the Work. Contractor shall
provide all required connections to these services in a safe manner and in accord with
applicable codes. Contractor shall ensure that utility services furnished by Owner are not
wasted. Before Final Completion, Contractor will remove all temporary connections and
return the existing water, electric, heating and cooling systems to a condition at least as
serviceable as prior to the Date of Commencement. Use by Contractor of water and
electricity provided by Owner constitutes a release by Contractor of all Claims and of all
liability to Owner for damages which may result from power and water outages or voltage
variations.

[Hide contract text]

Contractor has the option of using existing utilities.

[Click to view contract text]

Owner shall make electric power, water, heat and cooling available to Contractor and
Subcontractors through existing outlets and at reasonable cost determined by Owner.
Contractor shall install and maintain temporary connections, distribution lines, and meters
required to measure the amount of water, electric power, heating and cooling consumed
during construction. Before final acceptance of the Work, Contractor shall remove all the
temporary connections, distribution lines, and meters and issue a credit to Owner for utility
services used during construction.

[Hide contract text]


====================================================================
==

Permanent Utilities

Permanent utilities are those that need to be connected and ready for use when
construction is complete.

Select one of the following.

Owner arranges and pays for permanent utilities.

[Click to view contract text]

Owner shall secure and pay for Installation, connection, and modification of permanent
electric, water, phone, cable, sewer and gas service as required for the completed Project.

[Hide contract text]

Contractor arranges for permanent utilities.


[Click to view contract text]

Contractor shall schedule and coordinate work of utility companies and government
agencies for Installation, connection, and modification of permanent electric, water, phone,
cable, sewer and gas service as may be required for the completed Project. Contractor
shall make available all portions of the Job Site necessary for utility companies to do their
Work. Contractor shall bear the risk of damage to the Work caused by any utility company.
Owner shall pay all fees and deposits required for connection of utility company lines to
permanent structures and for the start-up of service.

[Hide contract text]

Contractor arranges and pays for permanent utilities.

[Click to view contract text]

Contractor shall secure and pay for Installation, connection, and modification of permanent
electric, water, phone, cable, sewer and gas service as required for the completed Project.

[Hide contract text]


====================================================================
==Job Cleanup

Select one of the following.

Job cleanup Short form (less detail).

[Click to view contract text]

Contractor shall regularly remove from the Job Site and storage areas all surplus material,
waste and debris resulting from the Work. Construction debris shall be removed to a legal
refuse collection site with disposal or recycling fees paid by Contractor. At completion of
the Work, Contractor shall, in addition, remove from the Job Site all tools, equipment and
scaffolding brought to the Job Site by Contractor or Subcontractors. At Substantial
Completion, exposed finishes of windows, doors, floors, walls, ceilings, fixtures and trim
shall be cleaned and free of grime, stains, over spray, dirt and dust.

[Hide contract text]

Job cleanup Long form (more detailed requirements).

[Click to view contract text]


Contractor shall regularly remove from the Job Site, storage area and adjacent properties
all surplus material, rubble, waste and debris resulting from the Work. Construction debris
shall be removed to a legal refuse collection site with disposal or recycling fees paid by
Contractor. Except as otherwise provided in the Contract Documents, before Substantial
Completion, Contractor shall remove from the Job Site all construction equipment, tools,
temporary structures, and the foundations of temporary structures, leaving the Job Site
clean and ready for occupancy. All painted, enameled, stained, or baked enamel Work
shall be cleaned to remove marks, stains, fingerprints and splatter. Glass shall be cleaned
to remove stickers, labels, grime, dirt, water spots, mastic, excess caulk, and paint
overspray on both interior and exterior surfaces. Hardware shall be cleaned and polished.
Floors shall be cleaned to remove splatter, stains, paint, dirt, and dust. All stickers, stains,
labels, and temporary covers on fixtures, manufactured articles, appliances, and
equipment shall be removed. All paint splatter, paint drip, and oil spots which have
accumulated during the construction period shall be removed from concrete and masonry
surfaces. Contractor or Subcontractors shall clean and condition HVAC equipment as
recommended by the manufacturer. Contractor or Subcontractors shall blow out or flush
out all foreign matter from piping, tanks, pumps, fans, motors, switches, panels, and
boilers, and sanitize potable water systems. Contractor or Subcontractors shall remove all
excess paint from equipment identification plates.

[Hide contract text


============================================================

Job Cleanup Details

Contractor provides and pays for trash disposal.

[Click to view contract text]

Contractor shall provide a trash disposal facility on the Job Site for use by construction
personnel. The on-site trash facility provided by Contractor shall be of an appropriate size
for the Project and placed in a location approved by Owner. All construction debris shall
either be placed in the trash facility provided by Contractor or hauled to a legal disposal
site, at the discretion of Contractor. When any trash container provided by Contractor is
full, contents shall be removed to a legal disposal facility at the expense of Contractor.

[Hide contract text]

Owner has the right to clean the job site at the expense of Contractor.

[Click to view contract text]

If Contractor fails to comply with Requirements in the Contract Documents for progressive
or final Job Site cleanup, Owner may deliver a written notice to Contractor directing that
the Job Site and adjacent area be cleaned of construction debris within no more than 4
days. If, in the sole opinion of Owner, Contractor has not complied with this written
directive, no matter the source of debris or Subcontractor responsible, Owner may retain a
Separate Contractor to clean the Job Site to the condition required under Contract
Documents. If construction is nearly complete, the Separate Contractor may do all
cleaning and removal required before Substantial Completion. Owner may deduct from
payments due Contractor the actual amount paid to this Separate Contractor.

[Hide contract text]


====================================================================

Project Sign

Select any or all of the following.

Contractor may erect a small sign on the job site.

[Click to view contract text]

Owner grants to Contractor the right to display a small sign (2' x 3' maximum) listing the
company name, address, logotype, phone number, and website address of Contractor.

[Hide contract text]

Contractor may erect a large sign on the job site.

[Click to view contract text]

Contractor may, without cost to Owner, erect a sign at the Job Site measuring up to 4' x 8'
and listing the Project name, company name, address, logotype, phone number, and
website address of Contractor. If directional signs are needed, Contractor may erect signs
with direction arrows and the company name to guide employees and visitors to the Job
Site entrance. No signs shall be erected without prior approval of Owner.

[Hide contract text]

Contractor is required to erect an institutional grade sign on the job site.

[Click to view contract text]

Contractor shall fabricate and erect a Project sign designed by Owner and bearing the
name of the Project, Prime Contractor, principal Subcontractors, designers, consultants,
lead lender, a short Project description, and expected Completion Date. Location of the
Project sign will be designated by Owner. Contractor may erect directional signs at the Job
Site with approval of Owner with respect to size, style and location. Directional signs may
bear the name of Contractor and a directional symbol. No other signs will be permitted
except by permission of Owner.
[Hide contract
====================================================================

The Project Superintendent

Quality supervision is important on every construction project, large or small. The clauses
below set a standard for supervision varying by job size.

Select one of the following.

A superintendent will be available on the job when required (Good for a smaller job).

On smaller jobs, it may be enough if the contractor stops by the job site every day or two.

[Click to view contract text]

Contractor shall be available to supervise the Work on a regular basis or shall have a
competent Representative available, either on the Job Site or by phone, with authority to
give instructions and make decisions for Contractor.

[Hide contract text]

The superintendent will act as a representative of Contractor (Good for a larger job).

On larger jobs, the owner may want a full-time superintendent and the right to approve that
superintendent.

[Click to view contract text]

Contractor shall employ a competent Superintendent and any necessary assistants or


alternates, all approved by Owner. The Superintendent shall not be changed except with
the consent of Owner, unless the Superintendent is discharged by Contractor. The
Superintendent shall have authority to represent Contractor in all matters relating to the
Project. Communications with the Superintendent shall have the same force and effect as
direct communication with Contractor.

[Hide contract text]

A superintendent approved by Owner will be available on-site when work is being done.

This clause requires a superintendent approved by the owner to always be on the job site.

[Click to view contract text]


Contractor shall have a competent Project Superintendent on the Job Site while Work is
being performed under this contract. Before Work begins, Contractor shall inform Owner of
the name and qualifications of the Superintendent nominated for the Project. Owner may
either approve or disapprove the nominee. The Superintendent approved shall represent
Contractor and shall have the authority to act on behalf of Contractor. Communications
given to the Superintendent shall be as binding as if given to Contractor. If the
Superintendent is not present at the Job Site, Owner shall have the right to suspend Work.
If the Superintendent is changed for any reason, Owner shall be informed of the name and
qualifications of the replacement Superintendent and will have an opportunity to approve
or disapprove the nominee.

[Hide contract text]


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===
Subcontracted Work (Approval of Subcontractors)

Select any or all of the following.

Owner may reject subcontractors proposed by Contractor.

[Click to view contract text]

Contractor shall notify Owner of each principal Subcontractor and vendor Contractor
proposes to retain for Work on the Project and the Scope of their Work. Contractor shall
not contract with any Subcontractor or vendor to whom Owner makes a reasonable and
timely objection. Contractor shall not change a previously selected Subcontractor or
vendor without notifying Owner of the proposed change. Contractor shall bear any
additional cost incurred due to voluntary substitution of Subcontractors or vendors.

[Hide contract text]

Owner has the right to review and approve subcontracts.

[Click to view contract text]

Contractor shall not assign or Subcontract any portion of the Work to be done under this
contract without prior consent of Owner and until Owner has reviewed and approved the
proposed Subcontract agreement. Consent of Owner shall not be unreasonably withheld,
delayed, or conditioned. Each assignment or Subcontract shall be in writing, shall identify
Owner as the intended third party beneficiary of the Subcontract, and obligate the
Subcontractor to comply with the terms and conditions of this contract.

[Hide contract text]

Consequences of disapproval by Owner of a proposed subcontractor.


[Click to view contract text]

If Owner rejects any proposed Subcontractor or vendor, Contractor shall promptly propose
another for approval by Owner. On approval of the successor, the Contract Price and
Contract Time shall be adjusted in proportion to the difference between proposals of the
rejected and the approved successor Subcontractor or vendor.

[Hide contract text]

Contractor to select subcontractors from Owner's list.

[Click to view contract text]

Contractor may enter into Subcontracts only with Subcontractors on a list provided by
Owner. Substitutions will be allowed only if the Subcontractor selected from the list: (1)
Fails, refuses, or is unable to enter into a Subcontract, (2) Becomes insolvent, or (3) Is
unable to comply with other Requirements of Law.

[Hide contract text]


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=

Flow Down to Subcontractors

The interest of the project owner is protected if subcontractors at every level share all the
obligations of the general contractor but none of the benefits provided to the general
contractor. Owners do that by inserting a flow-down clause into the prime contract -
requiring the general contractor to include flow-down language in all subcontracts. Flow-
down can impose obligations on subcontractors while insulating the owner from
subcontractor claims and disputes. Flow-down has many consequences for contractors
and subcontractors that are not easy to anticipate. The effect of flow down may be to bind
subcontractors to terms of a contract they have not signed -- and may never have seen.

Select one of the following.

Subcontractors have the same obligations as Contractor Short form (less detail).

This simplified version of the flow-down requirement is plenty detailed for smaller jobs.

[Click to view contract text]

Contractor agrees that the terms of this contract shall apply equally to each Subcontractor.
Contractor agrees to take such action as may be necessary to bind each Subcontractor to
the terms of this agreement for the appropriate portion of the Work.

[Hide contract text]


Subcontractors have the same obligations as Contractor Long form (more detail).

Under this clause, the general contractor's obligations flow down to subcontractors. But
the general contractor's rights do not flow down to subcontractors. For example, a
subcontractor may be bound to complete the work (an obligation) but may not have the
right to sue to collect from Owner (a benefit).

[Click to view contract text]

Contractor agrees that contracts with Subcontractors and vendors for the Project will
impose the same duties and obligations on those Subcontractors and vendors for their
portions of the Work as Contractor has under the provisions of the Contract Documents.
Contractor warrants and guarantees that each Subcontract with a Subcontractor or vendor
for the Project will extend to Contractor all rights and remedies provided to Owner under
this agreement.

[Hide contract text]

Subcontractors have the same rights and obligations as Contractor.

Under this clause, both the contractor's rights and obligations under this agreement flow
down to subcontractors, essentially making each subcontractor a party to this agreement.

[Click to view contract text]

Contractor agrees that contracts with Subcontractors and vendors will impose the same
duties and obligations on those Subcontractors and vendors and grant the same rights and
remedies to those Subcontractors and vendors for their portion of the Work as Contractor
has under the provisions of the Contract Documents. Contractor warrants and guarantees
that each Subcontract with a Subcontractor or vendor will extend to Contractor all the
rights, remedies, duties and obligations Owner has under this agreement.

[Hide contract text]

No need to mention this in the contract.

Construction Contract Writer makes flow-down language unnecessary because you can
easily create subcontracts that mirror the terms in the prime contract. On the tool bar, click
'New'. Click to create a new contract between a contractor and a subcontractor. Then click
to create this contract based on an existing contract. Browse to the prime contract you
want the subcontract to mirror. Click 'Open'. Click 'Create Contract'.

If you elect to include flow-down language in this contract, the questions that follow will
clarify which rights and obligations flow down to subcontractors.
====================================================================
==
Protecting Owner from Subcontractor Claims

These clauses are designed to insulate Owner from claims by subcontractors and
vendors.

Select one of the following.

There is no contract between Owner and subcontractors.

This clause limits any rights granted to a subcontractor under a flow-down provision.

[Click to view contract text]

Anything in this contract or the Contract Documents notwithstanding, there is no


contractual relationship between any Subcontractor or vendor to Contractor and Owner.
Contractor warrants and guarantees that each agreement with a Subcontractor or vendor
on the Project will include the following language: "Except as provided by Law or
regulation, Owner has no obligation to respond to Claims of any Subcontractor or vendor
on the Project or to resolve disputes between or among Contractor, Subcontractors, and
vendors on the Project. All communications between a Subcontractor or vendor on the
Project and Owner are to pass through Contractor."

[Hide contract text]

Owner has no obligation to subcontractors.

[Click to view contract text]

Except as provided elsewhere in this contract or in the Contract Documents, Owner has no
contractual relationship with any Subcontractor or vendor to Contractor and no obligation
to respond to Claims of any Subcontractor or vendor on the Project or to resolve disputes
between or among Contractor, Subcontractors, and vendors on the Project. All
communications between a Subcontractor or vendor on the Project and Owner are to pass
through Contractor.

[Hide contract text]


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===

Use of the Site

Select any or all of the following.

Owner has guaranteed there are no legal restrictions on use of the job site.
This point seems almost too obvious to mention. But some jobs will involve complexities
that should be clarified in the contract.

[Click to view contract text]

Owner has agreed to furnish all required rights to use the land upon which the Work is to
be constructed. Owner will identify any encumbrances or restrictions related to use of the
land furnished and Contractor agrees to comply with those encumbrances or restrictions. If
Owner fails to furnish the land, rights of way, or easements when required, Contractor may
make a Claim for extra compensation, additional time, or other relief.

[Hide contract text]

Contractor must work within the area designated for completion of the Project.

[Click to view contract text]

Contractor shall confine operations at the Job Site to the area allowed by Law, regulation,
and permits. In no case shall the operations of Contractor extend beyond the minimum
area required to complete the Work. Contractor shall not store on-site excess materials or
equipment. Contractor shall not use the Job Site as a staging, assembly, or storage area
for other projects or for any purpose other than completing the Work.

[Hide contract text]

Contractor may erect temporary storage buildings at the job site.

[Click to view contract text]

Except as otherwise provided in the Contract Documents, Contractor may erect temporary
facilities, such as storage sheds, shops and offices on the Job Site. Such temporary
buildings shall remain the property of Contractor and shall be removed at the expense of
Contractor at completion of the Work.

[Hide contract text]

Contractor will notify Owner 72 hours before interrupting electrical service.

[Click to view contract text]

Contractor shall notify Owner at least 72 hours in advance if it will be necessary for
Contractor to interrupt utility service to any building or portion of a building occupied or
otherwise used by Owner. Every reasonable means shall be used by Contractor to
minimize the duration of any utility outage.
[Hide contract text]

Owner will designate a construction entrance for use by construction personnel.

[Click to view contract text]

Owner shall designate a construction entrance which Contractor shall use for all delivery of
materials and equipment and which shall be used by all construction personnel.

[Hide contract text]

Construction personnel will park in areas for construction vehicles.

[Click to view contract text]

Except as otherwise provided in this contract, parking for vehicles owned by construction
personnel shall be restricted to designated areas. Vehicles owned by construction
personnel shall be removed from the Job Site and vicinity when construction personnel are
not present on the Job Site.

[Hide contract text]

Contractor will minimize interference with activities of Owner.

[Click to view contract text]

Contractor shall coordinate construction Work to minimize the interference with and
disruption of operations of Owner in any building or portions of any building occupied or
otherwise used by Owner.

[Hide contract text]


====================================================================
=Access to the Site by Owner

Most construction contracts extend to the owner the right to come on the site during
construction.

Select any or all of the following.

Owner is granted access to the site during construction.

[Click to view contract text]


While Work is in preparation or in progress, Contractor shall, at all times, provide access to
the Job Site to Owner and those authorized by Owner. Contractor shall provide safe and
proper facilities for such access. Owner and those authorized by Owner shall have the
right to inspect all Work done and all materials, equipment and fixtures furnished, installed,
or stored in and about the Job Site.

[Hide contract text]

Owner is liable for damage done while on the site.

[Click to view contract text]

If Owner or anyone authorized by Owner is on the Job Site while Work is in preparation or
progress and causes a delay or disruption of the Work or does damage to the Work, for
which Contractor is in no way responsible, Contractor shall be entitled to extra
compensation or an extension of time, or both.

[Hide contract text]

--------------------------------------------------------------------------------
Access from Other Property

If construction will require access across the property of others or closure of any public
right of way, the contract should identify who is responsible for getting the necessary
permission or permit.

Select one of the following.

Owner gets permission.

[Click to view contract text]

When the Work requires access by Contractor through adjacent public or private property
or closure of a public right of way, Owner shall secure the appropriate permit, license or
temporary easement, and give notice as may be required by Law.

[Hide contract text]

Contractor gets permission.

[Click to view contract text]


When the Work requires access by Contractor through adjacent public or private property
or closure of a public right of way, Contractor shall secure the appropriate permit, license,
or temporary easement and give notice as may be required by Law.

[Hide contract text]


====================================================================
====

Liability for Access Claims

Select one of the following.

Owner is liable.

[Click to view contract text]

Owner agrees to Indemnify and hold Contractor harmless from Claims by owners of
adjacent private property and from Claims of government resulting from access by
Contractor through public property or closure of a public right of way.

[Hide contract text]

Contractor is liable.

[Click to view contract text]

Contractor agrees to Indemnify and hold Owner harmless from Claims by owners of
adjacent private property and from Claims of government resulting from access by
Contractor through public property or closure of a public right of way.

[Hide contract text]


=================================================================

Discrepancy Between Plans and Field Conditions

As part of the construction process, Contractor will compare what the plans show with
what actually exists on the job site. Occasionally, Contractor is going to find a discrepancy.

Select any or all of the following.

Contractor is obligated to report any discrepancies found.

A contractor has an implied duty to give notice when a contract requires something known
by the contractor to be defective. Rubin V. Coles
[Click to view contract text]

Contractor shall compare conditions at the Job Site with representations and
Requirements in the Contract Documents. If Contractor discovers a discrepancy between
Job Site conditions and representations or Requirements in the Contract Documents,
Contractor shall promptly report the discrepancy to Owner, and provide a detailed
explanation.

[Hide contract text]

Contractor isn't required to find differences between the plans and field conditions.

[Click to view contract text]

Contractor is not a Design Professional and has no obligation to find discrepancies


between Job Site conditions and representations or Requirements in the Contract
Documents.

[Hide contract text]

Contractor is not liable for differing site conditions if those conditions are reported promptly.

[Click to view contract text]

Contractor shall not be liable for discrepancies between representations or Requirements


in the Contract Documents and conditions at the Job Site unless Contractor knowingly fails
to report a discrepancy, in which case Contractor shall be liable for additional costs
incurred as a result of failure to give prompt notification.

[Hide contract text]

A surprise in job site conditions found during construction entitles Contractor to a change
order.

Surprises are common during the construction process. Most surprises increase costs
rather than reduce costs. Construction companies are not insurance companies and
should not be liable for surprises that could not be anticipated. This clause provides extra
payment for work which was not anticipated.

[Click to view contract text]

If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed
during construction which is not as indicated in the Contract Documents or is inconsistent
with information provided by Owner, Contractor shall promptly, and before any such
structure or line is disturbed or damaged (except in an Emergency), notify Owner.
Contractor shall submit a Claim for a Change Order which covers the additional cost
incurred as a result of such structure, water, power, waste, drain, or gas line uncovered or
revealed during construction.

[Hide contract text]


====================================================================
===

Differing Site Conditions

A clause on differing site conditions is considered a benefit to both the contractor and the
owner. Contractor can bid the job based on what is known and expected, not on the worst
possible contingency.

If site conditions differ from what was expected, Contractor will get paid for work actually
done. Owner gets more competitive bids with smaller contingency allowances. Courts
recognize two types of differing site conditions. Type I is any hidden condition materially
different from information Contractor is entitled to rely on. Type II is a hidden physical
condition consistent with the contract documents but very different from anything normally
encountered.

Both Type I and II conditions are harder to substantiate if: (1) Owner offers no information
about site conditions or disclaims the accuracy of any information offered; (2) Contractor
doesn't visit the site or does not investigate all information available; and, (3) A reasonably
prudent contractor would have anticipated the conditions actually found. These three
issues are covered in the section 'Representations by Contractor and Owner' under the
navigator topic 'Scope of the Work'.

Select one of the following.

Contractor recovers for both Type I (hidden) and Type II (highly unusual) differing site
conditions.

This clause is essentially the same as Federal Acquisition Regulation § 52.236-2.

[Click to view contract text]

Contractor shall promptly, and before conditions are disturbed, give a written notice to
Owner of (1) Subsurface or latent physical conditions at or near the Job Site which differ
materially from those indicated in the Contract Documents, and (2) Unknown physical
conditions at or near the Job Site, of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in Work of the character
called for in the Contract Documents. Owner shall investigate the site conditions promptly
after receiving notice. If the conditions do materially so differ and cause an increase or
decrease in the cost to Contractor or the time required for performing any part of the Work,
whether or not changed as a result of the conditions, an equitable adjustment shall be
made under this clause and the contract modified in writing accordingly.

[Hide contract text]


Contractor recovers only for Type I (hidden) differing site conditions.

This clause provides relief only for a hidden condition materially different from what's in the
contract.

[Click to view contract text]

Contractor shall promptly, and before the conditions are disturbed, give a written notice to
Owner of subsurface or latent physical conditions at or near the Job Site which differ
materially from those indicated in the Contract Documents. Owner shall investigate the site
conditions promptly after receiving notice. If the conditions do materially so differ and
cause an increase or decrease in the cost to Contractor or the time required for performing
any part of the Work, whether or not changed as a result of the conditions, an equitable
adjustment shall be made under this clause and the contract modified in writing
accordingly.

[Hide contract text]

Contractor recovers only for Type II (highly unusual) differing site conditions.

This clause provides recovery only for unusual conditions and is generally more difficult to
prove than Type I differing site condition.

[Click to view contract text]

Contractor shall promptly, and before the conditions are disturbed, give a written notice to
Owner of previously unknown physical conditions at or near the Job Site, of an unusual
nature, which differ materially from those ordinarily encountered and generally recognized
as inhering in Work of the character called for in the Contract Documents. Owner shall
investigate the site conditions promptly after receiving notice. If the conditions do
materially so differ and cause an increase or decrease in the cost to Contractor or the time
required for performing any part of the Work, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this clause and the Contract
modified in writing accordingly.

[Hide contract text]

Contractor recovers for all unforeseeable site conditions.

The US standard for differing site conditions uses a two-part test. The European standard
is simpler. Contractor is paid for "unforeseeable" conditions. Anything is unforeseeable if
not reasonably foreseeable by an experienced contractor. This clause follows the
European standard.

[Click to view contract text]


Contractor shall promptly, and before the conditions are disturbed, give a written notice to
Owner on encountering unforeseeable conditions adversely affecting the Work. Owner
shall investigate the site conditions promptly after receiving notice. If the conditions cause
an increase in cost to Contractor or the time required for performing any part of the Work
and were not reasonably foreseeable by an experienced Contractor, an equitable
adjustment shall be made under this clause and the contract modified in writing
accordingly.

[Hide contract text]

Contractor is not entitled to a change order for differing site conditions.

Contractor bears the full risk under this clause. But if discovery of differing site conditions
requires a change in plans or specifications, the contractor may still be entitled to extra
payment for the change.

[Click to view contract text]

Contractor agrees to bear the full risk of concealed or unknown conditions, if any, which
may be encountered in performing the contract. Contractor affirms that concealed or
unknown conditions shall not excuse the obligation of Contractor for full completion of the
Work within the Contract Time and shall not entitle Contractor to any adjustment of the
Contract Price.

[Hide contract text]


====================================================================
==

Qualifications on Differing Site Conditions

Clauses with an owner bias limit or make more difficult claims for extra payment due to
differing site conditions.

Clauses with a contractor bias expand the meaning of differing site conditions or give the
contractor additional rights on discovery of differing site conditions.

Select any or all of the following.

Limit extra pay for differing site conditions to a specific amount.

This clause limits payment for differing site conditions. Risk of Contractor is capped at the
amount specified. Please specify the amount in the box below.

[Click to view contract text]

The equitable adjustment to the contract for differing site conditions shall not exceed $
(Amount) . Contractor agrees to bear the full cost of concealed or unknown conditions, if
any, which exceed this amount.
[Hide contract text]

Maximum compensation for differing site conditions ($):

Enter the value amount in dollars that recovery of differing site conditions is limited to.

Contractor won't claim extra pay for any site condition obvious when the contract is signed.

This clause prevents Contractor from claiming extra payment for site conditions that were
known or should have been known after reasonable investigation.

[Click to view contract text]

Contractor shall make no Claim for equitable adjustment due to differing site condition if
the site condition was known to Contractor at the time this contract was signed or would
have been known to Contractor had Contractor made a reasonable investigation of
conditions on and near the Job Site, including all available reports and tests,
environmental considerations, Code Requirements, climatic conditions, and other local
conditions that could affect cost to Contractor or duration of construction.

[Hide contract text]

Contractor has no right to collect for work abandoned because of differing site conditions.

Differing site conditions may require a change in the work. If the change requires that
some completed work be abandoned, Owner receives no benefit and would prefer not to
pay for that work. This clause requires Contractor to carry the risk of abandoned work.

[Click to view contract text]

If, as a result of differing site conditions, some portion of the Work is abandoned and
Owner receives little or no benefit from the abandoned portion of the Work, an equitable
adjustment shall be made under this clause, relieving Owner of any obligation to pay for
the portion of the Work abandoned.

[Hide contract text]

Contractor is required to give prompt written notice upon discovery of differing site
conditions.

[Click to view contract text]

No request by Contractor for an equitable adjustment to the contract under this clause
shall be allowed unless Contractor has given the written notice as required. In no case will
a request by Contractor for an equitable adjustment to the contract for differing site
conditions be allowed if made after final payment under this contract.

[Hide contract text]

Recovery for differing site conditions can include both man-made and natural conditions.

Recovery for differing site conditions is limited to physical conditions, such as concealed
rock. This clause makes it clear that man-made conditions can also be the basis for a
claim for differing site conditions.

[Click to view contract text]

Both natural and man-made physical conditions, including asbestos, pollution and mold,
may form the basis for a Claim for equitable adjustment for differing site conditions.

[Hide contract text]

Recovery for differing site conditions can include forces of nature such as bad weather.

Recovery for differing site conditions is limited to physical conditions and is generally
interpreted to exclude forces of nature. This clause makes it clear that forces of nature,
such as weather, can also be the basis for a claim for differing site conditions.

[Click to view contract text]

Physical conditions including weather, rising water, seismic activity, and other forces of
nature may form the basis for a Claim for equitable adjustment for differing site conditions.

[Hide contract text]

Owner will issue a change order if differing site conditions require a change in the plans.

[Click to view contract text]

If concealed or unanticipated conditions require a change in the Plans or Specifications,


Owner will issue a Change Order modifying the Contract Documents, Contract Price and
Contract Completion Date, if any.

[Hide contract text]

Contractor is entitled to rely on representations made by Owner about site conditions.

[Click to view contract text]


Anything in this contract notwithstanding, Contractor is entitled to rely on express or
implied representations concerning site conditions made by Owner and those employed by
Owner regardless of whether those representations are made in Contract Documents or
otherwise.

[Hide contract text]

Contractor isn't required to do work different from what's in the contract documents.

[Click to view contract text]

Nothing in this contract shall require Contractor to undertake Work on (1) Subsurface or
latent physical conditions at or near the Job Site which differ materially from those
indicated in the Contract Documents, or (2) Unknown physical conditions at or near the
Job Site, of an unusual nature, which differ materially from those ordinarily encountered
and generally recognized as inhering in Work of the character called for in the Contract
Documents.

[Hide contract text]


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==

Dealing with Plan Defects

Errors in plans and specs are common. Contract documents (including construction
contracts) are patchwork, usually prepared by copying and pasting from other sources. It's
wise to resolve conflicts, ambiguities and omissions in the contract documents as early as
possible. No matter when the error is found, Contractor will need clarification.

Select any or all of the following.

Contractor can request a clarification of the contract documents.

[Click to view contract text]

At any time, Contractor may request an interpretation or clarification of the Contract


Documents from Owner. Owner shall reply with a written interpretation, clarification, or
detailed instructions within a reasonable time.

[Hide contract text]

Contractor is liable for cost of excessive requests for interpretation.

[Click to view contract text]


Contractor shall be liable to Owner for the reasonable cost of responding to requests for
interpretation which could have been resolved by examination and comparison of the
Contract Documents, site conditions, previous correspondence, or prior interpretations and
clarifications.

[Hide contract text]


=================================================================

Defining the Plans (What's Included and Excluded)

The most common construction contract dispute concerns what's included in or excluded
from the contract documents. For example, plans and specifications seldom refer to items
such as framing nails, scaffolding or slab forms. But nails, scaffolding and forms are rightly
part of the job.

A narrow (literal) interpretation of what's included in the plans and specs favors
contractors. A broad interpretation of what's in the plans and specs favors owners. Under a
narrow interpretation, a home plan that omits the roof is a plan to build a home without a
roof. Under the broad interpretation, a contract based on the same home plan would be a
contract to build a home with a roof (of some type or description).

Select one of the following.

A narrow interpretation of what's included and excluded.

If the contract documents fail to identify or describe some detail or material, that detail or
material is not part of the job unless generally accepted trade practice would recognize
that detail or material as an essential element of good and skillful construction for work like
the Project. Only in that case will an omitted detail or material be deemed required by the
contract documents. Note that this standard is based on the opinion of other contractors
(not architects, engineers or owners) in the community.

[Click to view contract text]

Contractor will rely on the Contract Documents as the final authority on what is included in
the Project. The Contract Documents were created to identify the labor, material and
equipment required for proper completion of the Project. The Contract Documents are
defective if a reasonably skilled construction contractor doing Similar Work in the
community and following generally accepted trade practice could not use the Contract
Documents to identify each labor, material and equipment cost required to complete the
Project. Contractor bears no responsibility for defects in the Contract Documents.

[Hide contract text]

A broad interpretation of what's included or excluded.

This clause takes a much broader view - the intention of the owner and designer. The
contract becomes a command to Contractor to "understand what I mean even if I haven't
said it".
[Click to view contract text]

Unless an item shown or described in the Contract Documents is specifically identified as


not a part of the contract or is identified as being furnished or installed by anyone other
than Contractor, the obligation of Contractor shall be to furnish, assemble, install, finish
and connect each item identified in the Contract Documents. Work not described in the
Contract Documents is not part of the Project unless it is: (1) Consistent with the purpose
of the Contract Documents, (2) Reasonably inferable from the Contract Documents, and
(3) Necessary to produce a functionally complete structure ready for the anticipated use in
all respects.

[Hide contract text]


===================================================================
Payment Plan
Later questions will cover details about the initial payment, progress payments, the payment
schedule, final payment and retainage, if any.
Select one of the following.
A single payment when the job is complete.
Owner will make one payment to Contractor at completion of the work.
[Click to view contract text]
Owner will pay to Contractor the Contract Price at completion of the Work.
[Hide contract text]
An initial payment at the start of the job and a final payment on completion.
Owner will pay Contractor an initial payment and a final payment.
[Click to view contract text]
Owner will pay to Contractor the Contract Price in 2 installments, an initial payment and a final
payment on completion of the Work.
[Hide contract text]
An initial payment, progress payments as work is completed and a final payment.
Owner will pay Contractor an initial payment, progress payments and a final payment. Progress
payments should be equivalent to the value of work completed. If you select this option, you'll have
a chance to define the payment schedule, either by phase of construction or by an estimate of the
work done on specific calendar days.
[Click to view contract text]
Owner will pay to Contractor the Contract Price in installments consisting of an initial payment,
progress payments, and a final payment on completion of the Work.
[Hide contract text]
Progress payments and a final payment.
Owner will pay Contractor progress payments and a final payment. Progress payments should be
equivalent to the value of work completed. If you select this option, you'll have a chance to define
the payment schedule, either by phase of construction or by an estimate of the work done on
specific calendar days.
[Click to view contract text]
Owner will pay to Contractor the Contract Price in installments consisting of progress payments and
a final payment on completion of the Work.
[Hide contract text]

Progress Payment Plan


You've indicated that payments will be made as the work is completed (progress payments). Later
you'll have an opportunity to identify a percentage for retainage, the amount retained or withheld
from progress payments.
Select one of the following.
On a regular schedule (such as weekly or monthly).
[Click to view contract text]
The amount due on each progress payment will be based on costs to Contractor (as defined in this
agreement) plus the fee earned to date by Contractor (as defined in this agreement) less all progress
payments made to Contractor in prior payment periods. If a progress payment would be due on a
legal holiday, the payment will be made on the last business Day before that holiday
Final Payment
You'll have a chance to add details about releases of claim and retainage in the following sections.
Select one of the following.
Contractor will submit an application for final payment when work is complete.
[Click to view contract text]
Contractor will submit an application for final payment to Owner when the Work has been
completed in compliance with the Contract Documents. If Owner agrees that Work has been
completed, payment is due Contractor for the entire unpaid balance of the contract amount.
[Hide contract text]
Initial Payment Amount
Enter the amount of the initial payment in dollars.
[Click to view contract text]
Owner shall pay to Contractor $ (Amount) as an advance on the Contract Price.
[Hide contract text
Time for Initial Payment
Select one of the following.
When the contract is signed.
Owner will make an advance payment on the contract price when contract is signed.
[Click to view contract text]
Upon execution of this agreement, Owner shall pay to Contractor $ (Amount) as an advance on the
Contract Price.
[Hide contract text]
On delivery of materials to the Job Site.
Owner will make an advance payment on the contract price when materials are delivered to the job
site.
[Click to view contract text]
On initial delivery of materials to the Job Site, Owner shall pay to Contractor $ (Amount) as an
advance on the Contract Price.
[Hide contract text]
On a specified date.
Please specify the due date in the box below.
[Click to view contract text]
On (Date) , Owner shall pay to Contractor $ (Amount) as an advance on the Contract Price.
[Hide contract text]
Details on Initial Payment
Select any or all of the following.
A portion of the initial payment will be assigned to subcontractors and suppliers.
[Click to view contract text]
Anything else in this contract notwithstanding, no payment shall be made under this contract until
Owner receives, in a form satisfactory to Owner, written acknowledgment by Subcontractors,
Material Suppliers or consultants that Contractor has assigned to the named Subcontractors,
Suppliers or consultants all or a specific portion of the initial payment.
[Hide contract text]
Making of the initial payment is contingent on delivery of an acceptable performance bond.
[Click to view contract text]
Anything else in this contract notwithstanding, no payment shall be made under this contract until
Owner receives, in a form satisfactory to Owner, notice of issuance of Payment and Performance
Bonds for the Project, issued by a Bonding company licensed to do business in this state.
[Hide contract text]
The initial payment can be used only to buy materials and pre-construction services.
[Click to view contract text]
Contractor may use the initial payment to buy materials for the Project, for pre-construction
expenses, and to cover a portion of the fee for doing the Work.
[Hide contract text]
A portion of the initial payment will be refunded if Owner cannot obtain construction financing.
[Click to view contract text]
The initial payment is refundable to Owner, less actual cost to Contractor, if Owner is not able to
obtain a commitment for construction financing in an amount adequate to complete the Work.
[Hide contract text]
Contractor is entitled to retain a specific portion of the initial payment if work is terminated by
Owner.
Contractor is allowed to retain a non-refundable deposit from the Initial Payment if the contract is
terminated for any reason other than default by Contractor. Specify the amount of the non-
refundable deposit in the box.
[Click to view contract text]
Except as otherwise provided in this agreement, Contractor may retain $ (Amount) from the initial
payment as a non-refundable deposit if this contract is terminated for any reason other than default
by Contractor.
[Hide contract text]
Amount retained from the initial payment ($):
Enter the amount that will be retained from the initial payment in dollars.
A second advance payment is required after work begins.
An additional non-refundable payment is due to Contractor. If you select this option, enter the
amount and due date of the second advance payment below.
[Click to view contract text]
Upon commencement of construction, an additional payment of $ (Amount) is due and payable to
Contractor and is not refundable.
[Hide contract text]
Amount of the second advance payment ($):
Enter the amount of the second advance payment in dollars.
Due date of second advance payment:
Specify the due date for the second advance payment.
[Click to view contract text]
An additional and non-refundable payment of $ (Amount) is due and payable to Contractor on
(Date) .
[Hide contract text]
Final Payment
You'll have a chance to add details about releases of claim and retainage in the following sections.
Select one of the following.
Contractor will submit an application for final payment when work is complete.
[Click to view contract text]
Contractor will submit an application for final payment to Owner when the Work has been
completed in compliance with the Contract Documents. If Owner agrees that Work has been
completed, payment is due Contractor for the entire unpaid balance of the contract amount.
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Time for Payment by Owner
Select how many calendar days payment is due after payment is applied for.
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Except as provided otherwise in this agreement, Owner shall pay the amount due within
`2,3,5,7,10,13,21,30,40, calendar days after approval of any application for initial or final payment.
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