The Owner either has or will obtain financing for the work to be performed under this Agreement. Check Pages 1-39 of ARTICLES OF AGREEMENT - Construction Labour Relations in the flip PDF version. consent, which shall be given in Owners sole discretion. The Owner shall pay the Contractor the Contract Price in monthly progress payments plus a wage escalation provisions that may increase wage rates and, accordingly, the costs of labor over the course of the Project. Renco USA has the exclusive rights in the USA to the patented process. The Contractor with the other party and with the American Arbitration Association, the parties agree. withheld. provisions of Section33.1, the Contractor shall bear the risk of loss of and damage to, and shall be obligated to repair, replace, or reconstruct, or pay for. 39. Contractor is engaged in the Project and for a period of twelve (12)months after the Mechanical Completion Date (the Exclusivity Period); provided that during the post-Project Exclusivity Period (i)Owner will endeavor to Cost of the Work. To the fullest extent permitted by law, Owner shall defend, hold act (including delay, failure to act or priority) of any governmental authority; civil disturbance; insurrection or riot; sabotage; fire; earthquake; flood; strike (excluding strikes against Contractor by its employees ); or embargo. 23.2 As used in this 24. notice within which the Contractor recommences the Work) plus an equitable increase in the Contractors Fee. The Owner may purchase and maintain, in a company or companies lawfully authorized to conduct business in the state where the Project is located, property insurance upon the entire Work at the site. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. Subcontracts. The Owner shall reimburse the Work, including without limitation the Drawings and Specifications listed therein, attached as Exhibit A. condition which constitutes or reasonably could constitute an immediate danger to persons, property or the environment, the Contractor shall take such emergency actions as are reasonably necessary to contain any suspected hazardous materials. Furthermore, all Developments shall be the exclusive Property of the Owner. 35. include all wetlands and waterbodies subject to regulation under the federal Clean Water Act and similar terms as used in applicable federal, state and local statutes, rules and regulations; and (c)the term Native 2. With a contract, both parties have the intention to make a legally binding agreement. amended)), thereon for the Work performed up to the effective date of termination, plus the Contractors demobilization and other costs directly relating to the termination. if reasonably consistent with the Contract Documents. any repairs or replacements shall commence on the date the repair or replacement is completed and continue until the later of the expiration of the Base Warranty Period or six (6)months from the date of completion of the repair or replacement 15. The of any of them, or anyone for whose acts Owner is responsible. Jonathan earned his B.A. following mark-up schedule, as applied to the actual change in the Costs of the Work: 20% on staff labor and supervision; 15% on direct and fabrication labor; 10% on materials and equipment and 5% on Subcontractors; and (ii)the Contract Times Jonathan is considered an "America First" attorney by several of his clients, and has a reputation for aggressively defending their interests and rights both inside and outside the courtroom. 37.1.1 Termination for Bankruptcy Events. (i)the addressees receipt of such notice and (ii)the date three days after such notice was sent by properly addressed, registered or certified mail: IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed in two Contractor shall be responsible for all the acts and omissions of Subcontractors and their employees and agents. The Contractor confirms that the Owner and its successors and assigns shall own the Contractors right, title and interest in 20.2 Observations or approvals by the Owner, architect or others (including third parties) shall not relieve If requested by Owner, the Contractor shall secure and initially pay for the building be modified only by a subsequent writing signed by both parties. Construction Technology: Long-term Benefits with Short-term Investment - Constructor Magazine. The Owner agrees that its indemnification obligations extend to claims, Owner, satisfy said lien or post and perfect a bond under applicable law so as to remove the lien from the Project and Project property. 8.2 The Owner may withhold all or a portion of a progress payment or final payment on account of (1)incomplete Work, (2)defective or caused to the Owner or another party by Contractor or those under Contractors control, or (6)failure to carry out the Work in accordance with this Agreement, all as determined by Owner in its reasonable discretion. The Contractor shall give the Owner reasonable notice of the time for the tests and inspections referenced in Contractor. The Contractor is an independent contractor and employing unit and shall be responsible for taxes or contributions payable on its employees, including without limitation employee contributions under This type of contract protects both parties by outlining each party's responsibilities in detail so there are no misunderstandings about obligations on either side. If No: Status of person: Name: . In such case, and subject to Section4 above, (i)the Contractors Fee shall be calculated in accordance with the federal or state laws and full compliance with record keeping, reporting and other requirements of such laws. 6.2 Expenses of the Contractors principal office and other offices. If within a reasonable time after the occurrence of an event of Force Majeure Event that has caused Contractor to suspend or These state the formal agreement between the Employer and the Contractor to execute the work according to the Contract Documents for the Contract Sum. 10. Contractor included them in an application for payment and received payment therefor from the Owner. 32. that the Contractor rather than the Owner shall pay for such tests and inspections to the extent they disclose defective or nonconforming Work. if obtained by the Contractor; provided, that this cost shall not be subject to Contractors markup or fee. 40.2 Arbitration. Contractor will agree to perform contracting services relating to biodiesel and glycerin exclusively for Owner so long as The Railroad shall operate the Track subject to any applicable tariffs or rail transportation contracts and the terms of this Agreement, but the Railroad shall not be obligated to operate or maintain the Track (and the Industry shall not have any claim against the Railroad) if the Railroad is prevented or hindered . become an event of Force Majeure, which notice shall include any information that may be required to justify a Change Order. Each of the Contract Documents plays its own role in establishing the rights and duties of the contractor and the owner. copyrightable and whether reduced to practice, (ii)all patents and patent rights, copyrights, trade secrets, trademarks, and other similar property rights, and (iii)all Project process or operational writings, records, journals, Each party to this Agreement shall have the right to change the place to which notice shall be sent or delivered by notice sent to the other party. witnesses fees and other legal expenses, arising out of or related to this Agreement or the Work, including without limitation injury or death to persons or damage to property of any kind, to the extent such claims, demands, losses, costs, The Owners rights under this Section shall be subject to the rights of the Contractors surety and the Contractors Architect and Consultant Agreements. 41. (i) To assist in the reconstruction and development of territories of members by facilitating the investment of capital for productive purposes, including the restoration of economies destroyed or disrupted by war, the reconversion of productive facilities to peacetime needs and the encouragement of the development of productive facilities and As a rule, they consist of four sections: the contractor carries out the work according to the plans, drawings, specifications and documents agreed by the parties. state where the Project is located which have a policy-holders rating of not less than A in the most recent edition of Bests Rating Guide. under any other contract without the specific approval of the Owner in writing in advance. Section20. permit, plan check fees, and all other permits and fees, tests and inspections by governmental agencies required and necessary for the performance and completion of the Work by the Contractor and Subcontractors. The Contractor shall keep the Project and Project property free and clear of all In the event of such stoppage or suspension, the Contractor shall be entitled to an extension in the Contract Times equal to the length of the delay (the length of the stoppage or suspension plus the seven (7)or fewer days after avoidable interference in or delays to the Work caused by the Owners own forces or separate contractors. forth in this Section5, as follows: 5.1 Wages of construction workers directly employed by the Contractor to perform the construction Contractor for the cost of the building permit (but there shall be no Contractor fee or markup thereon). that it believes in good faith would optimize the Project construction and operations, provided that Contractors liability for breaches of such warranty shall be limited to instances of gross negligence or willful misconduct. completed except as agreed in writing in advance by the Contractor. 3. Contractors Insurance Obligations. The Contractor shall, when practicable, solicit competitive bids from qualified subcontractors before seeking the Owners approval for work of the magnitude described in the previous sentence. 5.13 Cost of the building permit, property interest in such documents, shall not provide the documents or copies thereof to any third parties for any purpose except as necessary or required to perform the Work, and shall not use the documents on any other project or for any work Each Contractors Download chapter PDF Author information. The Contractor The Owner expressly reserves all other rights and remedies under this Contractor has failed to take such action, then Owner may, in its sole discretion and after three (3)days written notice to Contractor, at Contractors expense, initiate such reasonable measures as will be designed to remove or relieve The Contractor shall timely notify the Owner of all opportunities for such cash discounts. The Project Superintendent of the Contractor for the Project will be mutually agreed upon by the Parties. them, or anyone for whose acts they may be liable, the Contractors indemnification obligation under this section shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable to the employee by or A contract is legally enforceable, but the MOU, just like an agreement, isn't. However, some parts of an MOU can be enforced. Banks often require the use of AIA contracts and forms on projects they are financing. Contractor expressly disclaims all liability for latent or subsurface Sample 1 Sample 2 Sample 3. Contractor equipment, labor and supervision shall in be billed in accordance with Contractors then current rate 37.2 damage to property not forming part of the Work. Agreement. The "articles of the treaty" define the fundamental obligations of the parties concerned. shall perform the Work in a workmanlike manner and in strict accordance with this Agreement. The Contractor shall have no rights in the proceeds of such materials, unless they exceed the Owners costs of completing the and regulations. Why do attorneys keep turning me down for my case? of work described on Exhibit A, a form of which is attached hereto, said Work (hereinafter defined) to performed as part of Owners biodiesel production facility located at Grays Harbor, Washington (the Project). material change in financing. engineer and their consultants and their subconsultants; Owners separate consultants and contractors, and their respective subconsultants, subcontractors, suppliers and all other persons and entities performing labor, services, materials, Authors and Affiliations. no longer duration than is reasonably required by the event of Force Majeure, taking into account the circumstances which existed prior to the occurrence of the event of Force Majeure. The parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. If the Owner fails to make payment as required by this Agreement, i.e., a payment that I am a fluent bilingual legal professional who can analyze complex legal and business problems and solve them creatively for the benefit of my clients. 10.1 The Owner and Contractor shall enter into a written Change Order signed by both parties stating the changed Work to be performed, any agreed changes construction liens arising out of the Work. trustee-in-bankruptcy, if any. Contractors Fee (as defined in Section4). 34.1.3 Comprehensive Automobile Liability, applicable to any automobile, including owned, non-owned, and hired automobiles, with limits of liability of not less than $1,000,000 combined single limit for Bodily Injury and Property Damage The I constantly keep learning because everything I learn helps me make my clients life better. schedules (the version effective as of the execution date of this Agreement is attached hereto as Exhibit E). the Work performed up to the effective date of the termination (Contractors Fee at termination = (Contractors Fee) x (Cost of the Work performed up to the effective date of termination / Sum of Payments in Exhibit B, as amended)), Jonathan has also worked with regional creditor rights law firms where he has assisted them in starting their branch operations in Oklahoma. In the construction industry, contractors utilize the services of subcontractors on a regular basis to assist with numerous tasks and specialty jobs. Site Access. The Contractor shall allow the Owner and its representatives access at all reasonable times to the Jonathan is married to his wife Jennifer. excess of 1.50 inches of precipitation for 2 or more consecutive days, and/or precipitation in excess of 2.00 inches of precipitation for 1 or more consecutive days, and/or precipitation in excess of 1.00 inches for 3 or more consecutive days, as The awards are based on the results of a competitive evaluation and vary from ~$1M to $25M, depending on how far the Project Agreement Holder (PAH) progresses through the base and option periods. The Articles of Agreement constitute the actual contract between the parties whilst the Conditions of Contract stipulate certain provisions for its execution. The Contractor warrants that, If the dispute is not settled within ten (10)days from the referral of the dispute to the senior executives, Such notices and any endorsements subsequently issued amending coverage or limits shall be delivered to the Owner by certified mail. The Contractor shall not be responsible for the adequacy of such performance and design criteria. The above notwithstanding, nothing herein shall preclude or deprive Contractor of the right to file and maintain 22.1 The Contractor agrees to cooperate with the Owner and the Owners separate contractors, and the Agreement shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. Contractor agrees to furnish and pay for all supervision, contract administration, services, labor, materials, equipment, tools, and other costs necessary to perform all requirements of the Contract Documents (as hereinafter defined) for the scope 5.4 Costs paid or incurred by the Contractor for employee-related changes, which shall be subject to arbitration if demanded by the Contractor. 30.3 All information and Plans to be provided effect and the court or arbitrator shall give the offending provision the fullest meaning and effect permitted by law. The To the fullest extent permitted by law, the Contractor shall defend, hold harmless, reimburse and indemnify the Owner, and its architect and engineer, and their partners, owners, members, officers, agents and employees A Building Construction Agreement is a written document between a property owner and a general contractor, specifying the construction, renovations, alterations, or other work to be done on the property owner's home or land. View . Each Subcontractor whose work on a single project is anticipated to exceed $500,000 , or whose work in the aggregate is expected to exceed $1,000,000 must be approved in writing by the Owner before the Contractor signs the subcontract and before the Prior to founding Liberty Legal Solutions, LLC, Jonathan worked with a civil litigation law firm in Edmond, Oklahoma, where he obtained experience in a variety of practice areas. tit. Because there are so many different types of construction projects, each type of construction contract exists to satisfy the varying needs of all parties involved. An Agreement for Lease is a binding agreement between a Landlord and a Tenant, where a Landlord agrees to grant a lease of particular premises to a Tenant depending on certain conditional elements being satisfied beforehand. in Government & International Politics from George Mason University in 2002 and earned his Juris Doctor from Oklahoma City University in 2006. brought by or on behalf of its employees or agents. Notwithstanding the foregoing, the Owner may assign this Agreement, in whole or in part, without the Contractors consent, (i)to a Lender or any trustee or agent of a lender or Upon reasonable evidence that one or more Subcontractors have not been or will not be paid, the Owner may pay materials which fail to comply with the warranty during the Warranty Period. of the Work at the site or in Contractors fabrication facilities. 26. Should any suit, action or arbitration be commenced in connection with any dispute arising out of this Agreement, to obtain a judicial The Owners decisions in matters relating to aesthetic effect shall be final trial or arbitration, upon any motion for reconsideration, upon any appeal or petition for review, and upon any collection efforts or proceedings. names to appear on the insurance policies. Securely pay to start working with the lawyer you select. 5.9 Costs of removal and disposal of debris from the Project site. the Contractor under this Agreement be assigned, without the prior written approval of the Owner. I am a solo-practitioner and founder of The CYA LAW FIRM, PLLC, in Port Saint Lucie, Florida. Notwithstanding any provision of this Agreement and to the extent permitted by law, neither the Owner nor the Contractor, nor any of each of their subsidiaries, affiliates, directors, officers, employees or agents, be liable to the other party for
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