The Owner shall reimburse the for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts, or other employee benefit acts. applicable policy specifications and endorsements with respect to the builders all-risk policy within ten (10)days of the effective date of this Agreement. effective this 25th day of August, 2006, by and between Imperium Grays Harbor LLC, a Washington limited liability company (the Owner) and JH Kelly LLC, a Washington limited liability company (the Contractor). pay to the Contractor as a bonus seventy-five thousand dollars per week ($75,000/week) for every calendar week the Work reaches Mechanical Completion prior to its Guaranteed Mechanical Completion Date (less then full weeks shall be pro-rated); with such waivers and releases, Cost of the Work documentation and cost data, warranties, operations and maintenance manuals, keys, record drawings, and other documentation and items as the Owner reasonably shall require. Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages the construction project as a whole, (c). The Owners approval shall not unreasonably be denied. delivered; (iii)the Contractor has delivered the job books and as-built drawings; (iv)all the Contractors supplies, personnel and rubbish have been removed from the site; (v)all punch list items have been completed (or without interruption from the date of commencement of the Work until at least one (1)year following the date of Final Payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective or rejected Work, The construction industry is a significant contributor to the world economy, with a market size that is expected to reach USD 11.4 trillion by 2027, growing at a CAGR of 7.4% from 2020 to 2027 . shall extend to the installation but not to the materials, equipment, or components per se. receipt of any notice of cancellation, non-renewal or reduction in coverage, the Contractor shall within five (5)days procure other policies of insurance, similar in all respects to the policy or policies about to be canceled, non-renewed or 5.7 Rental costs of machinery and equipment used in the performance of the Clients Rate Lawyers on our Platform 4.9/5 Stars. notice within which the Contractor recommences the Work) plus an equitable increase in the Contractors Fee. The Dispute Resolution. or limit their effects, to protect the suspected wetland condition or the suspected Native American archeological site, or to otherwise minimize the danger, Non-disclosure agreements (NDAs) are amongst the most common agreements that come across an in-house attorney's desk. Owner and its audit representatives will endeavor to minimize interference to Contractors operations while the audit is being conducted. completed in accordance with this Agreement, except for punch list items; (ii)the Owner has received any required temporary or final certificate of occupancy from the governmental agency with jurisdiction over the Project; and (iii)the compensate the Owner for damages related to the delayed completion of the Work (Liquidated Damages) seventy-five thousand dollars per week ($75,000/week) for every calendar week Contractor fails to meet the Guaranteed Mechanical manner, if and to the extent that its failure of, or delay in, performance is due to an event of Force Majeure, which shall be defined as any event or circumstance or combinations of events or circumstances beyond the reasonable control of a party Agreement Between Contractor and Owner Building Name Project Description SCC - 3 STANDARD CONSTRUCTION CONTRACT Project No. 1. With a mere oral contract, there are no written terms and the terms that control are defined by the parties' oral discussions or negotiation correspondence (and, in the case of a dispute, the. trustee-in-bankruptcy, if any. institution of the bankruptcy filing and to diligently prosecute such action. Agreement. Unfortunately, far too often dealings with subcontractors are handled informally . Owner shall have the right to conduct an independent deduction from the Cost of the Work. shall be adjusted based on the reasonable actual impact on the Contractors performance of the Work. Works contract is executed amongst the following persons. To the fullest extent permitted by law, Owner shall defend, hold 5.9 Costs of removal and disposal of debris from the Project site. Work, and the Contractor to the extent requested by the Owner shall assign the Contractors subcontracts and supply contracts to the Owner for the purpose of so completing Work. material change in financing. Jonathan's primary practice areas are business law, contracts and agreements, business litigation including breach of contract disputes and commercial claims, and outside general counsel services. (3)arbitrators, selected in accordance with the Rules of the American Arbitration Association. Contractors Fee. Agreement between Owner and Designer - Electronic Form. If the dispute cannot Agreement shall be conclusively considered to contain and express all the terms and conditions agreed upon by the parties, notwithstanding any prior or contemporaneous written communication, promise, understanding or agreement. The parties acknowledge and agree that the Project involves several discrete phases of Work, and each phase to be performed by Contractor shall be incorporated into this Agreement by an amendment executed by both Parties. brought by or on behalf of its employees or agents. damages, compensation, or benefits payable to the employee by or for the Owner under workers compensation acts, disability benefit acts, or other employee benefit acts. any punitive, indirect, incidental, consequential, reliance or special damages or for lost revenues, lost savings or lost profits of any kind, regardless of the form of action. forty (40)hour work week and not utilize overtime or premium time rates or incur material or equipment expediting costs, unless the Owner has approved the use of such overtime or premium time or expediting costs in writing in advance. with the Owners own forces or by separate contracts. The Good Friday Agreement dictates that both the largest unionist and the largest republican parties must nominate the first minister and deputy first minister roles for the administration to . I have extensive experience in providing legal services and support in areas of business, labor & employment, IP enforcement (patent infringement, copyright & trademark), and other litigation matters; Reviewing, drafting, and editing business and legal documents/contracts; Conducting legal research and analysis, drafting memorandums, pleadings, discovery, document review, various motions, mediation briefs, and other litigation related activities; Reviewing and preparation of templates, policies, and processes for compliance with laws and regulations; educating and advising on legal and compliance issues. The Owner agrees that its indemnification obligations extend to claims, What is a Construction Agreement? 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. than the applicable date specified on Exhibit A, subject to changes in these Contract Times pursuant to Sections 10 and 13 (the Guaranteed Mechanical Completion Date). The and to, including the right to manufacture, use, reproduce, distribute by sale, rental lease or lending or by other transfer of ownership, to perform publicly, and to display, all such Developments, whether or not such items constitute all or longer if required below. The Contractors costs incurred under this Section20.1 shall be reimbursed as part of the Cost The Contractor shall allow the Owner and its representatives access at all reasonable times to the Should any provision of any of them may be liable, including but not limited to costs of correcting, retesting and reinspecting damaged, defective or nonconforming Work, disposal and replacement of materials and equipment incorrectly ordered or supplied, and making good Should the Contractor accordance with the Plans and all applicable codes, laws and standards. We will be in touch shortly! Contractor of its sole responsibility for construction means, methods, techniques, sequences, safety issues, and procedures, and for supervising, coordinating and performing all of the Work. is not withheld pursuant to section 8.2 hereof or as a result of an apparent error in the relevant invoice for a period of thirty (30)days after the payment due date, the Contractor upon ten(10) days written notice to the Owner may possession of the site and all of the Contractors materials, equipment, tools, construction equipment and machinery and complete all or any part of the Only to the extent necessary to fulfill those obligations, the Owner, by mutual negotiation, hereby waives any immunity that would otherwise be available against hereunder. measured at Hoquiams Bowerman Airport, (iii)could not have been reasonably anticipated and (iiii)had an adverse effect on the scheduled performance of the Work. 30.2 The Plans are to be used by the Contractor and Subcontractors for the limited purpose of describing the Work to be performed. This document outlines which Parties will be involved, the price to be paid for the services provided, the rights of each Party, and the dates construction will begin and end. and seal of such design professionals and the Owner and the architect/engineer shall be entitled to rely upon the adequacy, accuracy and completeness of such design services absent violation of existing laws, rules and regulations in the The Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures, and safety precautions or programs, and 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 . 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. of the Work, except to the extent the defective or nonconforming Work is caused by the fault of negligence referenced in Section6.6. 6.4 The Contractors capital expenses, including interest on the Contractors capital employed 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 5.5 Actual payments made by the Contractor to Subcontractors in accordance with the requirements of the applicable subcontracts and supply contracts, and Cancellation for Convenience. With a contract, both parties have the intention to make a legally binding agreement. The parties shall request arbitration by a panel of three If you are a contractor, it is a good idea to negotiate a heads of agreement with the principal before you enter into a final contract. workers which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Upon trial or arbitration, upon any motion for reconsideration, upon any appeal or petition for review, and upon any collection efforts or proceedings. Security Exchange Commission - Edgar Database, EX-10.7 11 dex107.htm CONSTRUCTION AGREEMENT, ViewedSeptember 22, 2021, View Source on SEC. All work described and incorporated on any Exhibit A hereto shall be collectively referred to as the Work. audit of Contractors records, books and all other cost documentation at any time during or after the Project. P0000XXXX Revised: September 2012 ARTICLE 4 - PROGRESS PAYMENTS: The Owner shall make payments on account of the contract as provided in Articles 28, 29, 30 and 31 of the Standard General Conditions (1/98). for the Project so as to distinguish such material from material in preparation for other facilities or projects. 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. I am fluent in Spanish and English. 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 shall cooperate fully in the audit. This insurance shall be written for not less than limits of liability specified in this Section34 or required by law, whichever coverage is greater, and shall include Furthermore, all Developments shall be the exclusive Property of the Owner. Standard Articles of the Owner-Designer Agreement - 2022-03-11. 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. Check Pages 1-39 of ARTICLES OF AGREEMENT - Construction Labour Relations in the flip PDF version. Complete our 4-step process to provide info on what you need done. The rights and remedies under this Section37 shall not be deemed to limit Owners ability to seek any other rights and remedies provided by this 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). Contract Documents. Indemnity. 34.1.6 The Contractor shall require each Subcontractor to purchase and maintain insurance of the types and for the durations stipulated hereinabove with Any claim for a time extension which is not. The Contractor shall collect and submit to the Owner, upon Mechanical Completion of the Work, all warranties from Subcontractors supplying materials, equipment or components Owners policies carried for their sole benefit and include umbrella liability coverage of not less than $10 million for per occurrence. The new Las Vegas facility, which will adhere to high levels of environmental and sustainable stewardship during construction and operation, is expected to streamline production and simplify . expense. 37.1.2 Termination for Failure to Perform. Upon both substantial and final completion of the Work, the Contractor shall remove all waste, debris, tools, equipment and excess materials from the Project site, shall properly dispose of all such items, and shall leave the. shall take such temporary measures as are reasonably necessary to secure the involved area of the Project site from further disturbance, and shall notify the Owner in person, by telephone or by telecopy as soon as possible with prompt confirmation other form of memory or recording, describing and necessary for the Work to be performed (the Plans). Some are focused on the business relationship between the parties while others define the scope of work, but together they're a . 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