Execution and Progress of the Work

• The Subcontractor shall supervise and direct the Subcontractor’s Work, and shall cooperate with the Builder in scheduling and performing the Subcontractor’s Work to avoid conflict, delay in or interference with the Work of the Builder, other subcontractors, the Owner, or separate contractors.


• The Subcontractor shall promptly submit Shop Drawings, Product Data, Samples and similar submittals required by the Subcontract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Builder or other subcontractors.


• The Subcontractor shall furnish to the Builder periodic progress reports on the Work of this Subcontract as mutually agreed, including information on the status of materials and equipment that may be in the course of preparation, manufacture, or transit.


• The Subcontractor agrees that the Builder has the authority to reject Work of the Subcontractor that does not conform to the Prime Contract. The Builder’s decisions on matters relating to aesthetic effect shall be final and binding on the Subcontractor if consistent with the intent expressed in the Prime Contract.


• The Subcontractor shall pay for all materials; equipment and labor used in connection with the performance of this Subcontract through the period covered by previous payments received from the Builder, and shall furnish satisfactory evidence, when requested by the Builder, to verify compliance with the above requirements.


• The Subcontractor shall take necessary precautions to protect properly the work of other subcontractors from damage caused by operations under this Subcontract.


• The Subcontractor shall cooperate with the Builder, other subcontractors, the Owner, and separate contractors whose work might interfere with the Subcontractor’s Work. The Subcontractor shall participate in the preparation of coordinated drawings in areas of congestion, if required by the Prime Contract, specifically noting and advising the Builder of potential conflicts between the Work of the Subcontractor and that of the Builder, other subcontractors, the Owner, or separate contractors.


• For all Work the Subcontractor intends to subcontract, the Subcontractor shall enter into written agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities that the Builder and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other that the Builder and Subcontractor have by virtue of the provisions of this Agreement.

Permits, Fees, Notices, and Compliance with Laws

• The Subcontractor shall give notices and comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on performance of the Work of this Subcontract. The Subcontractor shall secure and pay for permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Subcontractor’s Work, the furnishing of which is required of the Builder by the Prime Contract.


• The Subcontractor shall comply with Federal, state and local tax laws, social security acts, unemployment compensation acts and workers’ compensation acts insofar as applicable to the performance of this Subcontract.

Safety Precautions and Procedures

• The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety measures initiated by the Builder and with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities for the safety of persons and property in accordance with the requirements of the Prime Contract. The Subcontractor shall report to the Builder within three days of an injury that occured at the site to an employee or agent of the Subcontractor.


• If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s Sub-subcontractors or anyone directly or indirectly employed by them, the Subcontractor shall, prior to harmful exposure of any employees on the site to such substance, give written notice of the chemical composition thereof to the Builder in sufficient detail and time to permit compliance with such laws by the Builder, other subcontractors and other employers on the site.


• If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Builder in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Builder and Subcontractor.


• To the fullest extent permitted by law, the Builder shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in above and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.


• The Subcontractor shall indemnify the Builder for the cost and expense the Builder incurs (1) for remediation of a material or substance brought to the site and negligently handled by the Subcontractor or (2) where the Subcontractor fails to perform its obligations.

Cleaning Up

• The Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract. The Subcontractor shall not be held responsible for conditions caused by other contractors or subcontractors. The Subcontractor shall also recycle, reuse, remove or dispose of materials as required by the Contract Documents.


• The Subcontractor, in accordance with the Subcontract Documents, shall, to the extent applicable to Subcontractor’s Work, prepare and submit to the Builder a construction waste management and disposal plan setting forth the procedures and processes for salvaging, recycling or disposing of construction waste generated from the Project.


• If the Subcontractor fails to clean up as provided in the Subcontract Documents, the Builder may charge the Subcontractor for the Subcontractor’s appropriate share of cleanup costs.

Warranty

• The Subcontractor warrants to the Owner and Builder that materials and equipment furnished under this Subcontract will be of good quality and new unless the Subcontract Documents require or permit otherwise. The Subcontractor further warrants that the Work will conform to the requirements of the Subcontract Documents and will be free from defects; except for those inherent in the quality of the Work the Subcontract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Subcontractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Subcontractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Builder, the Subcontractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

Indemnification

• To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Builder, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of the Subcontractor’s Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor’s Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section.