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KNOW OPTIONS IN CASE OF DISPUTE- Some subcontracts say must file for arbitration within 30days of “final decision” or “waive” rights, i.e., lose them- Arbitration at “sole option” of GC- Avoid court/hearing locations in distant venue, i.e.,Minnesota when project in Alabama- Avoid “home cooking”, i.e., agree to venue in local courtnearest GC’s offices- Avoid agreement governed by laws of another state (seeabove example)
AVOID “PAY-IF-PAID” CLAUSESExample:“GC shall pay Sub within 10 days afterreceipt of payment from Owner. Subexpressly acknowledges that GC shallhave no obligation to pay Sub in the eventof non-payment by Owner.” Sub isrelying strictly on the credit worthinessand payment by Owner.”
Page 1 and 2: CONTRACT LANGUAGETO PROTECT THECONT
Page 3 and 4: Scenario #1:- You begin work withou
Page 5 and 6: THE CURE:CONDITION YOUR BIDSExample
Page 8 and 9: READ THE CONTRACT “BEFORE” SIGN
Page 10 and 11: OTHER PURPOSES OF CONTRACT REVIEW A
Page 14 and 15: WHY - ENFORCEABLE IN MANY STATES!Le
Page 16 and 17: RETAINAGEProfit on the job!Retainag
Page 18 and 19: Negotiate 5% retainage, reduced to
Page 20 and 21: SCHEDULING, SEQUENCING AND DURATION
Page 22 and 23: ACCESS TO WORK AREAInability to rea
Page 24 and 25: BACKCHARGESMust have adequate notic
Page 26 and 27: UNHOLY TRINITYINDEMNIFICATION, WAIV
Page 28 and 29: The Fix:Strike the word “sole,”
Page 30 and 31: Waiver of Subrogation- Requires you

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