Change Order & PCA - Newman Center Site Development Division A & Alternate No A1 Project No 117-060R - The Robert Henry Corporation

Home Browse Search

Contractor has the further right to pay any claims for labor, materials and supplies used in the work when these claims are not due, providing the Subcontractor gives his consent. (d) Should Subcontractor default in any of the provisions of this Subcontract Agreement and should Contractor employ an attorney to enforce any provision hereof or to collect damages for breach of this Agreement or to recover on the bond, Subcontractor and/or his surety agree to pay Contractor such reasonable attorney's fees as he may expend therein. As against the obligations herein contained Subcontractor and his surety waive all rights of exemption. Attorney's fees and cost of collection shall be in addition to the amount of the bond should Contractor sue for collection more than 120 days after presentation of claim against the bond. (e) Determination of default made by the Contractor in good faith under the belief that a default exists under the terms hereof shall be conclusive on the fact of such default and on the Contractor's right to proceed as herein provided. The liability of Subcontractor and its surety hereunder shall extend to and include the full amount of any and all sums paid and obligations assumed by Contractor in good faith under the belief that such payments or assumptions were necessary or required to complete the work or settle, compromise and discharge any claims pertaining to or arising from the Subcontractor's work. 13. Arbitration Option. In the event that any claim, dispute or matter in question shall arise out of or relate to this Subcontract, or the breach thereof, Contractor shall have the option to have such matter decided and resolved by arbitration by written notice thereof furnished to Subcontractor. Arbitration shall be conducted in the same manner provided in the General Contract, except that a decision by the Architect shall not be a condition precedent to arbitration. In the absence of any provision for arbitration in the General Contract, it shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The exercise of the right to arbitration under this paragraph shall not be deemed a limitation of any right or remedy which Contractor may have against Subcontractor under this Agreement or under applicable bond or statute. Notwithstanding any provision in the General Contract to the contrary which may give Subcontractor a right to arbitrate disputes with Contractor, such arbitration is not compulsory or mandatory upon Contractor, and Subcontractor initiated arbitration can only proceed if agreed to by Contractor. 14. Payment and Performance Bonds. If required by Contractor, Subcontractor shall furnish within 10 days of this Subcontract a performance bond in an amount equal to the full Subcontract price and, in addition, a payment bond in an amount equal to the full Subcontract price, on Contractor's forms or forms satisfactory to Contractor, with surety on the list of federally acceptable sureties, for the faithful performance of this Subcontract, and payment of any and all claims arising by reason of the performance, or non-performance, of this Subcontract. The entire cost of said surety bonds if required, shall be paid by Contractor. If additional bond requirements are set forth and contained in the Contractor's General Contract, the bonds furnished hereunder by Subcontractor shall be in strict accordance with and subject to the bond requirements set forth and contained in said General Contract. Contractor shall be named as an obligee on bonds required herein. 15. Insurance. No work shall commence and Contractor has no obligation to Subcontractor or any of its employees or agents under this Subcontract until a Certificate of Insurance is on file at the Contractor's main office. The Contractor and Owner shall be named as an additional insured under each policy of liability and property damage insurance. The coverage afforded Contractor shall be primary and shall not be contributory with any other insurance available to the Contractor. Any coverage provided by The Robert Henry Corporation shall be excess coverage. The Subcontractor shall purchase and maintain comprehensive general liability insurance and other insurance as required to protect himself and the Contractor from claims which may arise out of or result from operations and the work of the Subcontractor or any subcontractor hired by the Subcontractor under the Subcontract, whether such claims arise during performance of the Subcontract or subsequent to completion of the operations under the Subcontract, and whether such operation be by the Subcontractor or by any subcontractor hired by the Subcontractor or by any one directly or indirectly employed by any of them or by any one for whose acts any of them may be liable. The Subcontractor is required to carry coverages of the following types (or as indicated in The Robert Henry Corporation Supplemental General Conditions which are attached): a. Workers' Compensation, applicable in Indiana and in all other states in which the subcontractor's work is being performed, disability benefit, and other similar employee acts including employers liability. The Subcontractor shall carry employer's liability limits of no less than $500,000. b. Comprehensive General Liability insurance which includes premises liability, products/completed operations, blanket contractual, broad form property damage, personal injury and death, blanket explosion, collapse and underground damage by independent contractors. Revised February 2013 5