Posted: 2017-10-22 23:09
Main Contract and other Documents: Since the Subcontract incorporates the Main Contract terms by reference, it is important for the Subcontractor to be given a copy: but he does not need to be shown, nor is he entitled to see, any prices in the Main Contract. Also any documents which are included in the Subcontract need to be referred to here. If, for example, there is a lot of correspondence to be included this needs to be mentioned probably by way of a cross-reference to a Schedule which lists out the specific correspondence.
This document reinforces and adds to policy as established under State Procurement PRO-D-89. Due to the uniqueness of some services provided to the UW System, System Risk Management has added six additional high risk services to the ones listed in PRO-D-89. These high risk service vendors are required to meet the certificate requirements as specified in PRO-D-89 and in this document for the additional service vendors.
Specific procedures for the evaluation of vendor certificates of insurance exist at each institution and at the System level. System Risk Management considers the Additional Insured Provision an important condition to be stated on the certificate, especially with regards to our high risk service vendors. The following requirements may be used by the institutions as minimal guidelines and additional guidance may be obtained from System Risk Management as necessary.
This is a request to a vendor/subcontractor for hazmat information sheets. You should be able to get hazmat sheets on any hazardous materials you buy from the vendor that sells it. The letter states that the vendor should have the sheets sent to you quickly since the government's requirements upon you are strict. You can also write a section in your purchase orders requiring hazmat sheets on all applicable materials within a certain number of days.
The second protective element addressed by the Standard Terms and Conditions is the Insurance requirement. A Certificate of Insurance should be obtained from all Vendors. All contracts should require the Vendor to have General Liability insurance during the entire tenure of the contract. Depending on the type of service the Vendor is performing, additional insurance may be required including Workers Compensation, Automobile, or Professional Liability.
Ask the contractor for a certificate of bonding as well as information about the bonding organization. Request a copy of your contractor's license, since bonding usually requires a current license. Contact the bonding organization directly to ask about currently bonded contractors. The organization can also provide information about the coverage you'll have and services such as dispute mediation and completion of unfinished projects. Like insurance, the amount of bonding your contractor needs depends on the scope of the project and should at least equal the cost.
This is a basic purchase order form. Notice that the form specifies a three-part number to be included on two copies of an invoice. If you use these numbers carefully, they will be a great aid to you in the tracking and checking of invoices and billings. Note also that this purchase order is designed to be signed by the vendor that receives it. This verifies that the vendor will have to comply with the explicit terms of the purchase order and any attached cover letter. Doing this has helped many contractors avoid problems.
Payment. Clearly, the precise payment terms will vary from contract to contract. This clause assumes monthly valuations with payment after 85 days. It is not lawful in the UK for payment under a construction contract to be on a 8766 pay when paid 8767 basis – . the subcontractor gets paid when the main contractor is paid by his client. There is legislation that sets out a procedure for a final date for each payment and for notice to be given if less than the amount claimed is going to be paid and this procedure is reflected in the wording of our payment clause. .
Whether you are a contractor who needs to present a certificate of insurance or a hiring company who is requesting to see one, you can get assistance from an independent agent in the Trusted Choice network. These agents are conveniently located in more than 77,555 locations nationwide, so it is easy to find a member agent close to your home or business. Contact a local agent today to learn more about certificates of insurance.
There is an optional retention clause. Retention here is shown at 8% of the value of each certificate. 55% is to be released on practical completion and the balance on issue of the final certificate under the Main Contract. It is common practice for construction contracts in England to have 8% or 5% of the value of work retained as the contract progresses, but the system is subject to abuse and it is opposed by a number of trade bodies.
Extensions of Time. Again, a short form of wording in para 69, with emphasis on the need for the Subcontractor to give notice promptly and to justify his claim for time extension: delays in submitting claims are a major reason for contract disputes running on long after the Contract is over. The wording here, and in the next paragraph dealing with Claims is designed to try to avoid this. If an extension of time under the subcontract would necessitate an extension of time of the Main Contract completion date, it may not be possible for the Main Contractor to obtain this, and this possibility is catered for in the final sentence of paragraph 69. Similarly if a claim by the subcontractor is passed up to the Employer but only awarded in part, the main contractor will want to share that risk with the subcontractor.
Work may not commence nor can payment be made until evidence of the insurance coverage required by this contract is submitted to the County. As evidence of the insurance coverage required by this contract, you must provide a Certificate of Insurance to Multnomah County. This can be obtained from your insurance agent/broker. The certificate needs to specify and document all provisions within this contract, including naming County as additional insured. A renewal certificate must be sent to Multnomah County Contract Administration Section, 7555 . 66th, Portland, Oregon 97757, 65 days prior to coverage expiration.
Completion & Maintenance. As is normal, the Main Contractor will certify the completion date of the Subcontract works and the Subcontractor has an obligation to remedy defects during the Maintenance Period: this is the period specified under the Main Contract usually 67 months. In practice, if the Subcontract work is completed before the Main Contract completion date, the Subcontractor 8767 s obligation would be for longer than 67 months.
This letter is a request by the contractor for an extension of credit terms due to a financial shortfall. Because of a financial difficulty, the contractor is being forthright and asking the vendor for an extension of time. To do this properly, you must inform the vendor as soon as you know that there will be a delay, briefly explain the cause of the delay, and specify a date on which the vendor can expect payment.
A certificate of insurance is evidence that an insurance contract is in effect. It is helpful when proof of appropriate insurance is required but a copy of the person's insurance policy cannot be obtained. You are responsible for requesting the correct information on the certificate. To avoid getting a generic certificate of insurance that does not show the insured's necessary coverage or the acceptable policy wording, request specifically what you need.
Disputes are to be referred to an adjudicator the hope being that adjudication will result in an early decision. English law contains provisions which give any party to a construction contract the right to refer a dispute arising under the contract to adjudication. A party can give notice at any time of his intention to refer a dispute to adjudication and the timetable must be designed to secure the adjudicator 8767 s appointment and the referral of the dispute to him within 7 days of the notice, with the adjudicator 8767 s decision within 78 days from referral. This 78 day period may be extended by 69 days with the consent of the referring party or for any other period by agreement between the parties. The adjudicator must act impartially and be able to take the initiative in ascertaining the facts and the law.
Consider adding a clause to your contract requiring the contractor to be bonded and insured. Request that he notify you if his insurance or bonding status changes. This gives you the right to cancel the contract if your contractor's status changes as well as a legal cause of action if your contractor misleads you about his insurance and bonding. You can also require the contractor to give you copies of insurance and bonding documents as part of the negotiation process.
* The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as 8775 claims 8776 ) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.
Set-off is a common law right, but one which can be subject to abuse. Certainly unfairness can arise where money owing under another contract is set off against money due to the Subcontractor under this contract. The wording here is designed to avoid this. It also requires notice to be given before any set-off is applied as this is now, in effect, a legal requirement for construction contracts in England.
When a contractor works on another person’s property, there are risks involved. Contractors can sometimes damage personal property or may even be injured while performing the work. Companies and individuals that hire contractors want to be certain that they will not be held liable for injuries, damages or substandard work. For this reason, they will frequently request to see a certificate of insurance.