Construction Contract (Page 5 of 6) in pdf

ARTICLE 6. SUBCONTRACTORS

Section 6.01 Payments to Subcontractors

To the extent that Contractor shall use any subcontractors, Contractor shall pay each subcontractor, in an amount

equal to the percentage of completion allowed to Contractor on account of such subcontractor's work. Contractor shall also

require subcontractor to make similar payments to its subcontractors. Owner shall not have any obligation to pay or to see the

payment of any monies to any subcontractor. Nothing contained in the Contract Document shall create any contract relation

between Owner and any subcontractor.

ARTICLE 7. INDEMNITY AND INSURANCE

Section 7.01 Indemnification

Each party shall defend, indemnify, and hold free and harmless the other party, their affiliated entities, directors,

officers, employees and agents, from any and all claims, losses, damages, injuries and liabilities arising from the death or injury

of any person or persons, including employees of Contractor and its subcontractors, or from damage or destruction of any

property caused by or connected with, in whole or in part, performance of the Contract by Contractor, its subcontractors or their

agents or employees.

Section 7.02 Insurance

Contractor, at its own expense, shall procure, care and maintain for all of its operations hereunder insurance

in companies approved by the Owner which shall include the following:

1. Worker’s Compensation and Employer's Liability Insurance for him/her and all those performing work

under this Contract.

2. Comprehensive General Liability Insurance with at least One Million Dollars ($1,000,000.00) for liability

coverage with the Owner added as an “additional insured” under the subject policies and a certificate stating

such supplied to the Owner.

Before Contractor shall commence Work, Contractor shall give to owner a Certificate of Insurance and

continue to maintain and provide proof of insurance during the duration of this Contract.

SECTION 8. MISCELLANEOUS

Section 8.01 Litigation

Should any litigation be commenced between the parties concerning the Project, any provision of the Contract

or the performance thereof, the prevailing party shall be entitled to court costs and attorney fees in such litigation.

The venue for any litigation shall be Pinellas County, Florida.

The parties agree that prior to undertaking any litigation, they will first mediate the dispute using a Circuit

Court Mediator from the Sixth Judicial Circuit. Further, arbitration may be used to settle Contract matters but is not

mandatory to either party.

Section 8.02 Assignment

Any assignment, by operation of law or otherwise, in whole or in part, by Contractor or Contract, of the Work to be

performed or any right to payment or claims arising hereunder without the prior written consent of the Owner shall be void.

Any attempt of an assignment shall be deemed a default under the terms of this agreement and the owner shall be entitled

to cancel the same and exercise any and all other rights and remedies that Owner may have.

Section 8.03 Severability

If any provision of the Contract shall be held invalid, in whole or in part, then the remaining provisions, or portions

thereof, shall nevertheless be and remain in full force and effect.

(Rev 4/23/14)

Construction Contract Page 5