Substitution of Subcontractor Clause Samples

The Substitution of Subcontractor clause allows the main contractor or client to replace a subcontractor originally designated for a portion of the work. This clause typically outlines the conditions under which substitution is permitted, such as non-performance, insolvency, or failure to meet project requirements, and may require prior notice or approval from relevant parties. Its core practical function is to ensure project continuity and quality by providing a mechanism to address issues with subcontractor performance without unduly delaying the overall project.
POPULAR SAMPLE Copied 1 times
Substitution of Subcontractor. Substitution of Subcontractors shall be permitted only as authorized under Public Contract Code §§ 4107 et. seq. Any substitutions of Subcontractors shall not result in any increase in the Contract Price or result in the granting of any extension of time for the completion of the Project.
View SourceView Similar (4)
Substitution of Subcontractor. A. No contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except that the Owner shall consent to the substitution of another person as a subcontractor in the following circumstances: 1) when the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans, and specifications for the project involved and the terms of such subcontractor's written bid, is presented to him by the contractor; 2) when the listed subcontractor becomes bankrupt or insolvent; when the listed subcontractor fails or refuses to perform his subcontract; 4) when the contractor demonstrates to the Owner or its duly authorized officer that the name of the subcontractor was listed as the result of an inadvertent clerical error; 5) when a bid alternate accepted by the Owner causes the original low subcontractor's bid not to be low; 6) when the contractor can substantiate to the Owner that a listed subcontractor's bid is incomplete; or 7) when the listed subcontractor fails or refuses to meet the bond requirements of the contractor. B. Prior to approval of the contractor's request for such substitution, the Owner shall give notice in writing to the listed subcontractor of the contractor's request to substitute and of the reasons for such request. Such notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified has 5 working days within which to submit written objections to the substitution to the Owner. Failure to file such written objections shall constitute the listed subcontractor's consent to the substitution. If written objections are filed, the Owner shall give at least 5 working days' notice in writing to the listed subcontractor of a hearing by the Owner on the contractor's request for substitution. C. No contractor whose bid is accepted shall permit any such subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid without the consent of the Owner. D. No contractor whose bid is accepted, other than in the performance of change orders causing changes or deviations from the original contract, shall sublet or subcontract any portion of the work in excess of the listing ...
View Source
Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable.
View Source
Substitution of Subcontractor. Written approval must be obtained from the State Spending Unit before any subcontractor substitution is permitted. Substitutions are not permitted unless: i. The subcontractor listed in the original bid has filed for bankruptcy; ii. The subcontractor in the original bid has been debarred or suspended; or iii. The contractor certifies in writing that the subcontractor listed in the original bill fails, is unable, or refuses to perform his subcontract. Revised 10/27/2015
View Source
Substitution of Subcontractor. Contractor may not substitute any subcontractor without advance written consent of CDSS.
View Source
Substitution of Subcontractor. Substitution of Subcontractors shall be permitted only as authorized under Public Contract Code §§ 4107 et seq. Any substitutions of Subcontractors shall not result in any increase in the Contract Price or result in the granting of any extension of time for the completion of the Project. Contingent Assignment of Subcontracts and Other Contracts Each subcontract, purchase order, vendor contract or agreement for any portion of the Work is hereby assigned by Trade Contractor to the Owner provided that: Such assignment is effective only after Termination of this Contract with Trade Contractor by the Owner as provided under Article 14 and only for those subcontracts and other contracts and agreements that the Owner accepts by notifying the Subcontractor or Materialman (as may be applicable) in writing; and Such assignment is subject to the prior rights of the Surety(ies) obligated under the Payment Bond and Performance Bond. Trade Contractor shall include adequate provisions for this contingent assignment of subcontracts and other contracts and agreements in each such document. CONSTRUCTION BY CHARTER SCHOOL OR BY SEPARATE CONTRACTORS CHARTER SCHOOL’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS Separate Contracts. Trade Contractor is fully aware that there will be other Trade Contractors working on the Project. Owner reserves the right to let other contracts in connection with this Work. Trade Contractor shall afford other contractors reasonable opportunity for (1) introduction and storage of their materials; (2) access to the Work; and (3) execution of their work. Trade Contractor shall properly connect and coordinate its work with that of other Trade Contractors. If any part of Trade Contractor’s Work depends on proper execution or results of any other contractor, Trade Contractor shall inspect and within seven (7) days or less, report to Architect, in writing, any defects in such work that render it unsuitable for proper execution of Trade Contractor’s Work. Trade Contractor will be held accountable for damages to Owner for that Work which it failed to inspect or should have inspected. Trade Contractor’s failure to inspect and report shall constitute its acceptance of other contractors’ Work as fit and proper for reception of its Work, except as to defects which may develop in other contractors’ work after execution of the other contractor’s work. To ensure proper execution of its subsequent Work, Trade Contractor shall measure and inspect ...
View Source
Substitution of Subcontractor. Written approval must be obtained from the State Spending Unit before any subcontractor substitution is permitted. Substitutions are not permitted unless: i. The subcontractor listed in the original bid has filed forbankruptcy; ii. The subcontractor in the original bid has been debarred or suspended; or iii. The contractor certifies in writing that the subcontractor listed in the original bid fails, is unable, or refuses to perform his subcontract. Check this box if no subcontractors will perform more than $25,000.00 of work to complete the project. Subcontractor Name License Number if Requiredby W. Va. Code § 21-11-1 et.seq. Attach additional pages if necessary
View Source

Related to Substitution of Subcontractor

  • Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Substitution of Key Personnel Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: ▇▇▇▇▇ ▇▇▇▇▇.

  • PAYMENT OF SUBCONTRACTORS Contractor shall pay any of its subcontractors not later than seven (7) days after receipt of any progress payment, unless otherwise agreed to in writing, the respective amounts allowed Contractor on account of the work performed by subcontractor(s), to the extent of each subcontractor’s interest therein, except as otherwise provided in Business and Professions Code Section 7108.5.

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.