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Project Client:
<br />Project Street:
<br />General Terms And Conditions - Attachment "A"
<br />City:
<br />1. Beginning Work:
<br />State:
<br />Structural Group, Inc. ("Structural") shall be allowed reasonable time for delivery of materials and labor for required performance. Client shall use its best
<br />efforts to assure work area accessible and appropriate for Structural's work.
<br />2. Bonds & Insurance:
<br />a) The cost of bonds is not included. If performance bonds are required, Client is responsible for all associated casts and will satisfy St uctural's bonding
<br />company underwriting requirements including confirmation of funding and use of standard AIA A312 bond forms.
<br />b) Structural will provide evidence of Insurance which will include the Client as Certificate Holder with coverage and corresponding limits as follows:
<br />Workers' Compensation - Statutory, Employer's Liability - $1 M, General Liability - $21v! aggregate, Auto Liability - $1 M and Excess Liability - $10M. Any other
<br />insurance required will be furnished at Client's sole cost, if available.
<br />3. Payment:
<br />a) Payment is a material issue. Payment by Client for Structural's performance is not subject to any contingencies or conditions. If payment is not made
<br />within thirty (30) days, Structural may stop work with three (3) days written notice to client without prejudice to any other remedy it may have including
<br />the right to file a lien, claim, or notice on its behalf. No back charges or claims shall be valid unless agreed to in writing by Structural. Retainage shall not
<br />exceed 5% for the duration of the project.
<br />b) Client can not withhold payments due to third party general liability claims if the liability for such claim(s) has been accepted by Stmotural's insurer
<br />4. Delays
<br />a) Stmctural is entitled to extensions of time for weather delays and is not responsible for delays out of its control (including those caused by the Client,
<br />Owner, General Contractor, other contractors and subcontractors, Architect, Engineers, armed conflict or economic dislocation resulting from; embargoes of
<br />labor, raw materials, production facilities or transportation; labor difficulties, civil disorders of any kind; action of civil or military authorities; vendor priorities
<br />and allocations, fires, floods, accidents and acts of God). In addition, Structural can stop work if they consider the jobsite conditions unsafe or if another
<br />Contractor working around Structural is being unsafe.
<br />b) St uctural's liability for delay damages is limited to liquidated damages in an amount mutually agreed upon by Structural and Client. In no event will
<br />Structural be liable for actual, punitive, indirect, incidental or consequential damages of any kind. Conversely, should Structural be delayed in any
<br />manner by the acts, errors, or omissions of the Client, Engineer, or by an employee of either of them, then, in addition to any applicable extension of
<br />time, Structural shall be entitled to receive from them compensation for any reasonable damages caused by the delay.
<br />5. Warranty
<br />a) Structural warrants to the Client that the work described herein will be free from defects in material and workmanship [See following sentence -
<br />redundant. If within one (1) year from Substantial Completion, or as otherwise mutually agreed upon in writing between Structural and Client, Structural
<br />receives from the Client prompt written notice that the material or workmanship does not meet such warranties, Structural will cure, within a reasonable
<br />amount of time, each such defect Including nonconformance with the specifications THERE ARE NO OTHER REMEDIES, LIABILITIES (INCLUDING
<br />NEGLIGENCE) OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR
<br />FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THE MATERIAL AND/OR SERVICES. Structural's sole responsibility and Client's
<br />exclusive remedy is limited to repair or replacement as detailed above.
<br />6. Liability:
<br />a) Structural shall not be liable to any party for claims of any kind related to asbestos, lead paint, EIFS or mold or any other hazardous materials
<br />b), Structural's responsibility for any claims, damages, losses or liabilities arising out of or related to its performance of this contract, including but not
<br />limited to any correction of defects under the Warranty, shall not exceed the contract price. In no event shall Structural be liable for any special, indirect,
<br />incidental, consequential, or punitive damages of any character, including but not limited to damages claimed for loss of use of productive facilities or
<br />equipment, lost profits, governmental fines or penalties, lost production, or non-operation or increased expense of operation.
<br />7. Indemnification:
<br />a) To the fullest extent permitted by law, Structural shall indemnify and hold harmless the Client, Engineer and employees of either of them from and
<br />against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work,
<br />provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
<br />property (other than the Work itself), but only to the extent caused by negligent acts or omissions of Structural, a subcontractor, anyone directly or -
<br />indirectly employed by them or anyone for whose acts they may be liable.
<br />8. Dispute Resolution & Governing Law:
<br />a) All claims, disputes, and other matters and questions arising out of, or relating to this Contract or any breach which cannot be resolved through
<br />negotiation, may be submitted to mediation before the American Arbitration Association. If the dispute is not resolved through mediation, the parties
<br />may elect to proceed to binding arbitration before the American Arbitration Association in accordance with the Construction Industry Arbltration Rules
<br />then in effect. The prevailing party shall be entitled to recover all costs and reasonable attorneys fees incurred (whether pre-litigation, at mediation,
<br />arbitration or trial level and in any appeals.)
<br />The undersigned representatives of Structural and the Client have read and agreed to these Terms and Conditions that will
<br />control this project:
<br />Structural
<br />Name:
<br />Signature
<br />Date:
<br />Client Company:
<br />Name:_
<br />Signature:
<br />Date:
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