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Smith
1
Thomas R. Smith
Const 220 Summer 2015
General Terms & Conditions Group Project
General Conditions:
 The general conditions consist of the contract specifications, architectural drawings for
the job, the rights and responsibilities of all the involved parties. It also spells out what
the minimum performance requirements are for general contractor or subcontractors.
 The general and subcontractors will be responsible for the scope of any contracted work,
including the materials, and the material assemblies to insure that they are, installed in
compliance with the code requirements at the time of installation on the date that the
contract is, signed. Any additional cost for code modifications of work that is not up to
code shall be borne by the general and subcontractors.
 Prior to the general and subcontractors starting any work the subcontractors shall visit the
site to meet with the general contractor to go over any access restrictions to the site. All
subcontractors will have a representative attend, all of the coordination meetings to
coordinate the layout, location, and timing of when the subcontractors work will take
place, as is reasonably possible, in addition to working out scheduling issue between the
other crafts or trades during the coordination meetings.
 The general and subcontractors will have a designated and qualified onsite supervisor,
present during the performance of any work by the general and subcontractor. The
designated supervisor will attend all of the coordination meetings, to review with the
general contractor and owner’s representative, the schedule, their progress according to
the schedule, quality control, layout, the coordination of work, and jobsite safety issues.
 The general and subcontractors will provide a written contact list of that, includes the
following information. The actual name of the general and subcontractors company, who
are the legal owners of the general and subcontractors company, the general and
subcontractors contractor’s license number, full original copies of the general and
subcontractors, contractors insurance and bonding policies.
The general and subcontractor’s company contact telephone numbers and email address
for the offices of the owners, emergency contract information for the general and
subcontractors company owner during non-business hours and who the general and
subcontractors designated supervisor or authorized site representative will be for the site.
The general and subcontractors will attach a copy of their companies polices, stating who
within their company has the authority and responsibility to speak on their behalf
Smith
2
concerning any and all contract issue, once this document is accepted by the owner, that
document will become a part of this contract.
 Copies of all shop drawings, manufactures cut sheets and material sample will be,
submitted by the general and all subcontractors to the owner for approval, no
subcontractors will start work prior to the receipt of approval by the owner of any shop
drawings, manufactures cut sheets or material sample.
 The general and all subcontractors at all time will be responsible for cleaning up all waste
materials or debris they produce while working on the project site during the performance
of this contract. The general and subcontractor are responsible for the cost of the removal
and disposal of all waste materials or debris they produce while working on the project
site during the performance of this contract at an approved dumpsite. There will be no
exceptions to the general or subcontractor’s responsibility. For the cost of the removal
and disposal of all waste materials or debris, they produce while working on the project
site during the performance of this contract at an approved dumpsite. Unless, the general
or a subcontractor has received a copy of a prior written agreement and approval from the
owner.
Payment Procedures:
 Payment procedures cover how payment will be, made for all work done by the general
or subcontractors. It address, issues concerning retention of payment, payments for partial
completion, substantial completion, conditions that must be meet by the general or
subcontractors before payment is made, the time when payment will be made, and the
final payment for the completion of the project.
 The owner will retain 10% of all payments made to the general or any subcontractors
until the end of the project. The retention money will be, placed in an escrow account,
maintained by the owner for the general and each of the subcontractors. The general or
any subcontractors will only be, paid the 10% portion of the retention money by the
owner once it has been, confirmed. That all of the general or subcontractors work, has
been completed and performed in accordance with the terms and conditions of the
contract, that all subcontractors have been paid in full, and an unconditional lien release
has been signed by the general or subcontractors.
 All work performed under this contract by the general or any subcontractor will only, be
paid once an inspection for completion of work has been certified as completed by the
owner. The general and any subcontractors work must completed and invoiced by the
owner on or before the last day of the month, in order for payment to be, made on the 15th
of the following month.
Smith
3
 Applications for payment of partial or substantial completion by the general or any
subcontractor under this contract for work performed will be, made by the owner only for
the value of the completed work, less any payments for prior work performed, once an
inspection for completion of the work has been, certified as being completed by the
owner.
 Final payment, to the general or subcontractors will only be made by the owner once an
unconditional lien release has been signed by the general or subcontractors, releasing the
owner from any further obligations connected to this contract and all claims, liens or
demands, that might arise from any matters connected to this contract.
 Any extra add costs for extra work performed by the general or subcontractors will be
invoiced immediately upon completion and paid immediately only after the owners
inspection for completion of the work and the owner has certified acceptance of the work.
The owner will inspect the work on the first business day, 24 hours after notification of
the works completion by the general or subcontractor.
Laws and Regulations:
 The laws and regulation portion of a construction contract covers and requires that the
general contractor and all subcontractors. “Adhere to any and all applicable, laws, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction”
 The general and all subcontractors, all of their employees and representatives. Will at all
times adhere to and comply with “all applicable, laws rules, regulations, ordinances,
codes, and orders of any and all governmental bodies, agencies, authorities, and courts
having jurisdiction” when they have to do with or are related to any “wage, hour, fair
employment practices, nondiscrimination, or working condition.” The general or
subcontractors will be responsible at all time for paying all permits, licenses, and
inspections required by the authorities having jurisdiction for any portion of work
covered under the terms of this contract. Additionally, the general or subcontractors will
be responsible at all times for furnishing all bonds, securities, or deposits required by the
authorities having jurisdiction in order to perform any work under the terms of this
contract. At no time, will general or subcontractors be not, responsible for the payment of
any of the above, mentioned item unless they have a copy of a written, and signed
agreement from the owner stating otherwise.
Insurance Requirements:
 The insurance requirements portion of a construction contract is, used as an instrument or
means by which to contractually transfer and assign the risks involved with any
construction project to general or subcontractors preforming the work for the owner of
the project. It assures the owner a certain level of protection from the risks and financial
liabilities associated with any construction project that may arise during construction. The
Smith
4
insurance requirement transfer a fixed amount of the financial liability that can occur
during a construction project and assigns defined risks to the insurer for the cost of the
insurance premium paid by the general or subcontractors.
 The general and subcontractors will at their own expense purchase and maintain liability
insurance to cover any and all claims for damages connected to any work they perform
during their operations of preforming that work, while working on any of the owners
jobsites covered under this contractual agreement. The general and subcontractors will
carry insurance that cover any direct or indirect employees, employed by them or under
their supervision, during any work performed by them on any of the owners jobsites
covered under this contractual agreement. The general and subcontractors insurance will
include a clause that covers contractual liability coverage applicable to the indemnity or
indemnification clause provision of this contractual agreement, the general and
subcontractors have with the owner.
 The general and subcontractors insurance policies will have an additional endorsement,
naming the owner as one the covered and insured parties on the policy.
 The general and subcontractors will furnish the owner with original copies of their
certificate of insurance, additional insurance endorsement GC 2015 or equivalent for any
proof of insurance required, in this contractual agreement with the owner prior to the
starting of work on any of the owners jobsites covered by this contractual agreement.
Works Cited
"EJCDC Standard General Conditions of the Construction Contract 2007 Edition."
Www.epwu.org. Engineers Joint Contract Documents Committee, n.d. Web.
<https%253A%252F%252Fwww.google.com%252Fsearch%253Fq%253D00700%252B
EJCDC%252BStandard%252BGeneral%252BConditions%252Bof%252Bthe%252BCon
struction%252BContract%252B2007%252BEdition%252B%252B%2526ie%253Dutf-
8%2526oe%253Dutf-8>.
"Sample Contract." EDCC Canvas. N.p., n.d. Web.
<https%3A%2F%2Fedcc.instructure.com%2Fcourses%2F1168166%2Ffiles%2F5226101
3%3Fmodule_item_id%3D13226499>.
"Construction Contracts - Negotiate for Success." Negotiate for Success. Southernstar
Consultants LLC, n.d. Web. <http%3A%2F%2Fwww.southernstar-
consultants.com%2Farticles%2Fnegotiate_for_success.html>.

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General Terms & Conditions Group Project Final Draft

  • 1. Smith 1 Thomas R. Smith Const 220 Summer 2015 General Terms & Conditions Group Project General Conditions:  The general conditions consist of the contract specifications, architectural drawings for the job, the rights and responsibilities of all the involved parties. It also spells out what the minimum performance requirements are for general contractor or subcontractors.  The general and subcontractors will be responsible for the scope of any contracted work, including the materials, and the material assemblies to insure that they are, installed in compliance with the code requirements at the time of installation on the date that the contract is, signed. Any additional cost for code modifications of work that is not up to code shall be borne by the general and subcontractors.  Prior to the general and subcontractors starting any work the subcontractors shall visit the site to meet with the general contractor to go over any access restrictions to the site. All subcontractors will have a representative attend, all of the coordination meetings to coordinate the layout, location, and timing of when the subcontractors work will take place, as is reasonably possible, in addition to working out scheduling issue between the other crafts or trades during the coordination meetings.  The general and subcontractors will have a designated and qualified onsite supervisor, present during the performance of any work by the general and subcontractor. The designated supervisor will attend all of the coordination meetings, to review with the general contractor and owner’s representative, the schedule, their progress according to the schedule, quality control, layout, the coordination of work, and jobsite safety issues.  The general and subcontractors will provide a written contact list of that, includes the following information. The actual name of the general and subcontractors company, who are the legal owners of the general and subcontractors company, the general and subcontractors contractor’s license number, full original copies of the general and subcontractors, contractors insurance and bonding policies. The general and subcontractor’s company contact telephone numbers and email address for the offices of the owners, emergency contract information for the general and subcontractors company owner during non-business hours and who the general and subcontractors designated supervisor or authorized site representative will be for the site. The general and subcontractors will attach a copy of their companies polices, stating who within their company has the authority and responsibility to speak on their behalf
  • 2. Smith 2 concerning any and all contract issue, once this document is accepted by the owner, that document will become a part of this contract.  Copies of all shop drawings, manufactures cut sheets and material sample will be, submitted by the general and all subcontractors to the owner for approval, no subcontractors will start work prior to the receipt of approval by the owner of any shop drawings, manufactures cut sheets or material sample.  The general and all subcontractors at all time will be responsible for cleaning up all waste materials or debris they produce while working on the project site during the performance of this contract. The general and subcontractor are responsible for the cost of the removal and disposal of all waste materials or debris they produce while working on the project site during the performance of this contract at an approved dumpsite. There will be no exceptions to the general or subcontractor’s responsibility. For the cost of the removal and disposal of all waste materials or debris, they produce while working on the project site during the performance of this contract at an approved dumpsite. Unless, the general or a subcontractor has received a copy of a prior written agreement and approval from the owner. Payment Procedures:  Payment procedures cover how payment will be, made for all work done by the general or subcontractors. It address, issues concerning retention of payment, payments for partial completion, substantial completion, conditions that must be meet by the general or subcontractors before payment is made, the time when payment will be made, and the final payment for the completion of the project.  The owner will retain 10% of all payments made to the general or any subcontractors until the end of the project. The retention money will be, placed in an escrow account, maintained by the owner for the general and each of the subcontractors. The general or any subcontractors will only be, paid the 10% portion of the retention money by the owner once it has been, confirmed. That all of the general or subcontractors work, has been completed and performed in accordance with the terms and conditions of the contract, that all subcontractors have been paid in full, and an unconditional lien release has been signed by the general or subcontractors.  All work performed under this contract by the general or any subcontractor will only, be paid once an inspection for completion of work has been certified as completed by the owner. The general and any subcontractors work must completed and invoiced by the owner on or before the last day of the month, in order for payment to be, made on the 15th of the following month.
  • 3. Smith 3  Applications for payment of partial or substantial completion by the general or any subcontractor under this contract for work performed will be, made by the owner only for the value of the completed work, less any payments for prior work performed, once an inspection for completion of the work has been, certified as being completed by the owner.  Final payment, to the general or subcontractors will only be made by the owner once an unconditional lien release has been signed by the general or subcontractors, releasing the owner from any further obligations connected to this contract and all claims, liens or demands, that might arise from any matters connected to this contract.  Any extra add costs for extra work performed by the general or subcontractors will be invoiced immediately upon completion and paid immediately only after the owners inspection for completion of the work and the owner has certified acceptance of the work. The owner will inspect the work on the first business day, 24 hours after notification of the works completion by the general or subcontractor. Laws and Regulations:  The laws and regulation portion of a construction contract covers and requires that the general contractor and all subcontractors. “Adhere to any and all applicable, laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction”  The general and all subcontractors, all of their employees and representatives. Will at all times adhere to and comply with “all applicable, laws rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction” when they have to do with or are related to any “wage, hour, fair employment practices, nondiscrimination, or working condition.” The general or subcontractors will be responsible at all time for paying all permits, licenses, and inspections required by the authorities having jurisdiction for any portion of work covered under the terms of this contract. Additionally, the general or subcontractors will be responsible at all times for furnishing all bonds, securities, or deposits required by the authorities having jurisdiction in order to perform any work under the terms of this contract. At no time, will general or subcontractors be not, responsible for the payment of any of the above, mentioned item unless they have a copy of a written, and signed agreement from the owner stating otherwise. Insurance Requirements:  The insurance requirements portion of a construction contract is, used as an instrument or means by which to contractually transfer and assign the risks involved with any construction project to general or subcontractors preforming the work for the owner of the project. It assures the owner a certain level of protection from the risks and financial liabilities associated with any construction project that may arise during construction. The
  • 4. Smith 4 insurance requirement transfer a fixed amount of the financial liability that can occur during a construction project and assigns defined risks to the insurer for the cost of the insurance premium paid by the general or subcontractors.  The general and subcontractors will at their own expense purchase and maintain liability insurance to cover any and all claims for damages connected to any work they perform during their operations of preforming that work, while working on any of the owners jobsites covered under this contractual agreement. The general and subcontractors will carry insurance that cover any direct or indirect employees, employed by them or under their supervision, during any work performed by them on any of the owners jobsites covered under this contractual agreement. The general and subcontractors insurance will include a clause that covers contractual liability coverage applicable to the indemnity or indemnification clause provision of this contractual agreement, the general and subcontractors have with the owner.  The general and subcontractors insurance policies will have an additional endorsement, naming the owner as one the covered and insured parties on the policy.  The general and subcontractors will furnish the owner with original copies of their certificate of insurance, additional insurance endorsement GC 2015 or equivalent for any proof of insurance required, in this contractual agreement with the owner prior to the starting of work on any of the owners jobsites covered by this contractual agreement. Works Cited "EJCDC Standard General Conditions of the Construction Contract 2007 Edition." Www.epwu.org. Engineers Joint Contract Documents Committee, n.d. Web. <https%253A%252F%252Fwww.google.com%252Fsearch%253Fq%253D00700%252B EJCDC%252BStandard%252BGeneral%252BConditions%252Bof%252Bthe%252BCon struction%252BContract%252B2007%252BEdition%252B%252B%2526ie%253Dutf- 8%2526oe%253Dutf-8>. "Sample Contract." EDCC Canvas. N.p., n.d. Web. <https%3A%2F%2Fedcc.instructure.com%2Fcourses%2F1168166%2Ffiles%2F5226101 3%3Fmodule_item_id%3D13226499>. "Construction Contracts - Negotiate for Success." Negotiate for Success. Southernstar Consultants LLC, n.d. Web. <http%3A%2F%2Fwww.southernstar- consultants.com%2Farticles%2Fnegotiate_for_success.html>.