Until recently our company has never been subject to a situation whereby the client/owner refuses to charge Liquidated Damages but the General Contractor attempted to charge us at 5X of the liquidated damages. Yes it is in the contract so make sure you modify yours to protect you. It was the general who delayed the start of the schedule. This cascaded through the rest of the subcontractors and thus we caught the wrath of a GC responsible for it’s own errors.
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In some trades this is probably an easy call but in others such as Masonry, EIFS etc often times the weather/air/vapor barrier design and install is FAR beyond any realistic expectation of a correct install. When a GC attempts to cover themselves with such language are they and others really relieved of responsibility?
This and other similarly worded clauses seem to be finding their way into contracts for all trades. It provides for the GC to repo all equipment (everything from trucks, tools etc) on-site as well as on their way to the job-site. It is understandable if the tool was created specifically for that particular job but […]
Specifically the architect had this paragraph in his spec. Special Aggregate: Provide units made with aggregate matching aggregate in Architect’ssample. In other words it could only be one product.