1997 Edition

 

Minnesota Mechanical Contractors Associationw National Electrical Contractors Association (Minnesota-Dakotas) wSheet Metal Air Conditioning Roofing, Contractors Associations (Minnesota-Dakotas)w Gypsum Dry Wall Contractors Associationw Minnesota Wall & Ceiling Contractors Associationsw Carpenters Employers Councilw Minnesota Painting & Wall Covering Employers Associationw Thermal Insulation Contractors Association

 

Rider______________

 

This rider amends and modifies the STANDARD SUBCONTRACT AGREEMENT for Labor and Materials prepared by the Associated General Contractors of Minnesota, 1997 edition.

 

Clause 4- Delete and substitute:  To proceed with the work in an orderly and reasonable sequence mutually agreed to by Contractor and Subcontractor and to abide by Contractor’s reasonable decision as to the allotment of all storage and working space on all projects.”

 

Clause 5- Delete and substitute:  “That no extension of the time to perform this Subcontract shall be allowed unless Subcontractor is delayed in the performance and completion of the Subcontractor work for reasons beyond Subcontractors’ control and Subcontractor shall have given notice in writing of the cause of delay to Contractor within seven (7) days following the beginning of each delay.”

 

Clause 6- Delete and Substitute:  “To save harmless the Contractor from any and all losses or damage occasioned by the failure of the subcontractor to carry out the provisions of this Subcontract unless such failure results from causes beyond the control of the Subcontractor.”

 

Clause 7.2.- Delete and substitute:  “Subcontractor agrees to liability imposed by law upon Contractor for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property arising out of or in consequence of the performance of the work, provided such injury to persons or damage to property is due or claimed to be due to negligence of the Subcontractor, its employees or agents.  Subcontractor further agrees to obtain, maintain and pay for such insurance coverage as will insure the provisions of this paragraph.”

 

Clause 8 - Add: “Except that Contractor’s decision shall be subject to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association.”

 

Clause 13.1- Add:  “However, no claim for services or for extra work shall be made by Contractor, or paid for by Subcontractor, or charged to Subcontractor’s account unless and until authorized by subcontractor or its authorized representative in writing before the work and/or service are begun.”

 

Clause 15- Delete and Substitute:  “To guarantee its work to the same extent that the Contractor is obligated to guarantee its work under the General Contract but in any event to guarantee its work, except for lamps and fuses, against all defects in material and workmanship for a period of one (1) year after installation.”

 

Clause 18- Add:  “Except that a fair adjustment in the Contract price shall be made for any such compliance which results in work or materials being omitted or added.”

 

Clause D- Add:  “If Certification is withheld for causes which are not the fault of the Subcontractor, Contractor shall pay to Subcontractor final payment, including all retention, within seven (7) days of Subcontractor’s written demand.”

 

Clause E- Add:  “Disputes involving___________________________________________ ($_______________) Dollars or less shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association.”  (If no amount is inserted, this clause shall not apply.)