Common use of Subcontract Requirements Clause in Contracts

Subcontract Requirements. 1. All subcontracts shall provide: a. Limitation of remedy - no damages for delay - The Subcontractor's exclusive remedy for damages for delays in the performance of the subcontract caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or Architect and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. In the event of a change in the Work the Subcontractor's claim for adjustments in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. d. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to ▇▇▇▇ within the time and in the manner in which the ▇▇▇▇ must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. (1) On all subcontracts where the bid exceeds $50,000, the Construction Manager must require Subcontractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance or provide a substitute insurance product similar to Zurich “Subguard” which is acceptable to the owner. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, it may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. (2) All subcontracts Subcontracts shall provide: a. Limitation of remedy : LIMITATION OF REMEDY - no damages for delay - The SubcontractorNO DAMAGES FOR DELAY That the subcontractor's exclusive remedy for damages for delays in the performance of the subcontract contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect- Engineer or attributable to the Owner or Architect Architect-Engineer and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. its contract time. In the event of a such change in the Work work is completed by a subcontractor or a sub-subcontractor, the Subcontractor's claim for adjustments contractor actually performing the work shall be limited to a maximum mark-up of 10% on its actual cost of material, labor, and equipment costs. Additionally, if the work is performed by a sub-subcontractor, the subcontractor will be limited to a markup of 5% on the actual cost passed through from the sub-subcontractor. The total cumulative mark up on all changes in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than work shall not exceed 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor%. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor subcontractor to expressly agree that the foregoing constitutes constitute the sole and exclusive remedies for delays and changes in the Work work and thus eliminate any other remedies for claim for increase in the subcontract contract price, damages, losses or additional compensation. d. . Each subcontract shall require that any claims by Subcontractor subcontractor for extension of contract time due to delay or additional cost for adjustments due to changes in the scope of work must be submitted to ▇▇▇▇ Construction Manager within the time and in the manner in which the ▇▇▇▇ Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. (1) On all subcontracts where the bid exceeds $50,000, the Construction Manager must require Subcontractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance or provide a substitute insurance product similar to Zurich “Subguard” which is acceptable to the owner. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, it may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. (2) All subcontracts Subcontracts shall provide: a. Limitation of remedy : LIMITATION OF REMEDY - no damages for delay - The SubcontractorNO DAMAGES FOR DELAY That the subcontractor's exclusive remedy for damages for delays in the performance of the subcontract contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect- Engineer or attributable to the Owner or Architect Architect-Engineer and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. its contract time. In the event of a such change in the Work work is completed by a subcontractor or a sub-subcontractor, the Subcontractor's claim for adjustments contractor actually performing the work shall be limited to a maximum mark up of 10% on its actual cost of material, labor, and equipment costs. Additionally, if the work is performed by a sub-subcontractor, the subcontractor will be limited to a mark up of 5% on the actual cost passed through from the sub-subcontractor. The total cumulative mark up on all changes in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than work shall not exceed 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor%. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor subcontractor to expressly agree that the foregoing constitutes constitute the sole and exclusive remedies for delays and changes in the Work work and thus eliminate any other remedies for claim for increase in the subcontract contract price, damages, losses or additional compensation. d. . Each subcontract shall require that any claims by Subcontractor subcontractor for extension of contract time due to delay or additional cost for adjustments due to changes in the scope of work must be submitted to ▇▇▇▇ Construction Manager within the time and in the manner in which the ▇▇▇▇ Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. 1The requirements of this section do not prevent the Contractor from including additional terms and conditions in its subcontracts to meet the legal obligations or system requirements of the Contractor. All subcontracts Contractor shall provideensure that the following standards are included in its Subcontracts: a. Limitation General Standards (1) Contractor shall ensure that all subcontracts are in writing, specify the subcontracted Work and reporting responsibilities, meet the requirements described below and any other requirement as described throughout this Contract, and incorporate portions of remedy - no damages for delay - The this Contract, as applicable, based on the scope of Work to be subcontracted. Contractor must evaluate the prospective Subcontractor's exclusive remedy for damages for delays ’s readiness and ability to perform the scope of work outlined in the performance written agreement prior to the effective date of the subcontract caused by events beyond its control, including delays claimed to be caused by or attributable to contract. Copies of the Owner or Architect and including claims based on breach of contract or negligence, evaluation shall be limited provided to an extension of the scheduled construction OHA any time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in Contractor enters into a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Ownernew Subcontractor agreement. b. In the event of (2) Contractor shall ensure that all Subcontractors are screened for exclusion from participation in federal programs, and is prohibited from contracting with any Subcontractor who is an excluded entity. (3) Contractor shall ensure that all Subcontractors undergo a change criminal background check prior to starting any work identified in the Work the Subcontractor's claim for adjustments this Contract. (4) Some activities in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead this agreement may not be subcontracted and profit and bond costs if the Work is self-must be performed by the SubcontractorContractor. For Work that may not be subcontracted is identified as such throughout this contract. Subject to the provisions of this section, Contractor may subcontract any of the Work to be performed under this Contract that is not identified as an exclusion. No Subcontract may terminate or limit Contractor’s legal responsibility to OHA for the timely and effective performance of Contractor’s duties and responsibilities under this Contract. Any and all other WorkCorrective Action, adjustments in Sanctions, recovery amounts and enforcement actions are solely the subcontract sum will be no more than 5% responsibility of the Contractor. Contractor retains all legal responsibility and may not delegate the responsibility for overhead monitoring and profit oversight of subcontracted activities. Contractor retains responsibility for adhering to and bond costsotherwise fully complying with all terms and conditions of this contract. c. Each subcontract (5) Contractor shall require provide to OHA a list of any activities outlined in this contract that have been subcontracted using the Subcontractor to expressly agree that the foregoing constitutes the sole Subcontractors and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensationDelegated Entities Report template. d. Each subcontract shall require (6) The report should identify any activities Contractor has agreed to perform under this Contract that any claims by Subcontractor for delay has been subcontracted or additional cost must be submitted to ▇▇▇▇ within the time delegated, and in the manner in which the ▇▇▇▇ must submit such claims include information related to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims.subcontracted work including: e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion (a) i. The legal name of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.Subcontractor;

Subcontract Requirements. (1) On all subcontracts where the bid exceeds $50,000, the Construction Manager may require Subcontractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, it may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. (2) All subcontracts Subcontracts shall provide: a. Limitation of remedy : LIMITATION OF REMEDY - no damages for delay - The SubcontractorNO DAMAGES FOR DELAY That the subcontractor's exclusive remedy for damages for delays in the performance of the subcontract contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect- Engineer or attributable to the Owner or Architect Architect-Engineer and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. its contract time. In the event of a such change in the Work work is completed by a subcontractor or a sub-subcontractor, the Subcontractor's claim for adjustments contractor actually performing the work shall be limited to a maximum mark up of 10% on its actual cost of material, labor, and equipment costs. Additionally, if the work is performed by a sub-subcontractor, the subcontractor will be limited to a markup of 5% on the actual cost passed through from the sub-subcontractor. The total cumulative mark up on all changes in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than work shall not exceed 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor%. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor subcontractor to expressly agree that the foregoing constitutes constitute the sole and exclusive remedies for delays and changes in the Work work and thus eliminate any other remedies for claim for increase in the subcontract contract price, damages, losses or additional compensation. d. . Each subcontract shall require that any claims by Subcontractor subcontractor for extension of contract time due to delay or additional cost for adjustments due to changes in the scope of work must be submitted to ▇▇▇▇ Construction Manager within the time and in the manner in which the ▇▇▇▇ Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. (1) On all subcontracts where the bid exceeds $50,000, the Construction Manager may require Subcontractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, it may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. (2) All subcontracts Subcontracts shall provide: a. Limitation of remedy : LIMITATION OF REMEDY - no damages for delay - The SubcontractorNO DAMAGES FOR DELAY That the subcontractor's exclusive remedy for damages for delays in the performance of the subcontract contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect- Engineer or attributable to the Owner or Architect Architect-Engineer and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. its contract time. In the event of a such change in the Work work is completed by a subcontractor or a sub-subcontractor, the Subcontractor's claim for adjustments contractor actually performing the work shall be limited to a maximum mark up of 10% on its actual cost of material, labor, and equipment costs. Additionally, if the work is performed by a sub-subcontractor, the subcontractor will be limited to a mark up of 5% on the actual cost passed through from the sub-subcontractor. The total cumulative mark up on all changes in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than work shall not exceed 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor%. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor subcontractor to expressly agree that the foregoing constitutes constitute the sole and exclusive remedies for delays and changes in the Work work and thus eliminate any other remedies for claim for increase in the subcontract contract price, damages, losses or additional compensation. d. . Each subcontract shall require that any claims by Subcontractor subcontractor for extension of contract time due to delay or additional cost for adjustments due to changes in the scope of work must be submitted to ▇▇▇▇ Construction Manager within the time and in the manner in which the ▇▇▇▇ Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. (1) On all subcontracts where the bid exceeds $50,000, the Construction Manager may require Subcontractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, it may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. (2) All subcontracts Subcontracts shall provide: a. Limitation of remedy : LIMITATION OF REMEDY - no damages for delay - The SubcontractorNO DAMAGES FOR DELAY That the subcontractor's exclusive remedy for damages for delays in the performance of the subcontract contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect-Engineer or attributable to the Owner or Architect Architect-Engineer and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. its contract time. In the event of a such change in the Work work is completed by a subcontractor or a sub-subcontractor, the Subcontractor's claim for adjustments contractor actually performing the work shall be limited to a maximum mark up of 10% on its actual cost of material, labor, and equipment costs. Additionally, if the work is performed by a sub- subcontractor, the subcontractor will be limited to a mark up of 5% on the actual cost passed through from the sub-subcontractor. The total cumulative mark up on all changes in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than work shall not exceed 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor%. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor subcontractor to expressly agree that the foregoing constitutes constitute the sole and exclusive remedies for delays and changes in the Work work and thus eliminate any other remedies for claim for increase in the subcontract contract price, damages, losses or additional compensation. d. . Each subcontract shall require that any claims by Subcontractor subcontractor for extension of contract time due to delay or additional cost for adjustments due to changes in the scope of work must be submitted to ▇▇▇▇ Construction Manager within the time and in the manner in which the ▇▇▇▇ Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.