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This Agreement, as negotiated herein, is entered into by and between 1 Smart Build Inc.
“Subcontractor” and “Contractor.” For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Subcontractor and the Contractor hereby agree as follows:
Article 1. Statement of Work:
From time to time, the Subcontractor may provide services to the Contractor. In addition to the terms and conditions negotiated by the parties for particular projects, Contractor and Subcontractor hereby agree that the terms and conditions of this Subcontractor Agreement (the “Agreement”) shall apply whenever
Subcontractor provides services to Contractor.
Article 2. Insurance:
The Subcontractor, at its own expense, shall obtain and maintain in full force and effect, without interruption during the term of the Agreement, the following minimum levels of insurance:
The Subcontractor’s insurance coverage shall be primary insurance as respects work on this project for Contractor, its directors, officers, and employees. Any insurance or self-insurance maintained by Contractor shall be excess of the Subcontractor’s insurance. The Subcontractor, in its agreements with subcontractors, shall require subcontractors to obtain insurance meeting the minimum limits and incorporating the contractual requirements that are prescribed by this Section. The Subcontractor hereby Waives and relinquishes any right of subrogation against the Contractor and its agents, representatives, employees, and affiliates they might possess for any policy of insurance provided under this Section or under any State or Federal Workers’ Compensation or Employer’s Liability Act. The subcontractor shall require its insurer to notify the Contractor thirty (30) days prior to the effective date of any cancellation or material change in any of the required policies. To the extent that the Subcontractor utilizes deductibles in conjunction with the insurance required by this Agreement, all deductible expenses will be assumed by the Subcontractor. Insurance shall be placed with insurers with a Best rating of not less than A-.
Article 4. Indemnification and Arbitration:
The work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively.
Subcontractor hereby indemnifies and holds Contractor, its parent, and affiliates and their respective officers, directors, employees, and agents, harmless from and against any and all claims, actions, losses, judgments, or expenses, including reasonable attorney’s fees, arising from or in any way connected with the work performed, materials furnished, or services provided to Contractor during the term of this
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be
settled by binding arbitration, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration concerning this Agreement shall be entitled to reasonable attorneys’ fees.
Article 5. Warranty:
The subcontractor warrants its work for a period of 3 years against all defects in materials or workmanship.
Article 6. Miscellaneous:
A subcontractor is an independent contractor and not an employee of the Contractor.
Article 7. Late Fees
If the subcontractor is not on the Jobsite Monday to Friday from 8 a.m to 10 a.m to begin work without informing the contractor directly a minimum of 24 hours in advance.
The subcontractor will be charged a late fee of up to $200.00 per every day of delay that will be deducted from the total job price.
Article 8. Neglect fee
If the subcontractor is not showing up to the job site Monday to Friday from 8 a.m to 10 a.m and is not updating the company a minimum of 24 hours in advance will not receive any payment until the project is completely done to customer satisfaction.
This Agreement shall be in full force and effect from the date of signing unless canceled in writing by either party with thirty (30) days written notice. The cancellation of this Agreement shall not negate any term or condition, such as the indemnity or insurance requirements.
This Agreement is governed by the laws of the State of California. Any amendment(s) must be given in writing.
SUBCONTRACTOR – CONTRACTOR
Last Updated Date : 07-01-2021 12:00 a.m