Subcontract Form Kci Construction printable pdf download

KCI Construction Company

10315 Lake Bluff Drive

St. Louis, MO 63123

SAMPLE PROJECT

SUBCONTRACT

This SUBCONTRACT is made as of the _____ day of ______________, 201_, by and between KCI CONSTRUCTION

COMPANY (“KCI”) and SUBCONTRACTOR (“Subcontractor). Subcontractor agrees to furnish all labor, material,

equipment, and services necessary to complete all: SPECIFICATION SECTION 123456 CONSTRUCTION WORK;

HOISTING FOR SUBCONTRACTOR WORK; ETC., according to Contract Documents as listed below and interpreted by

DESIGN FIRM for the construction of the SAMPLE PROJECT (“Project”) for the Contract Sum of: ONE-DOLLAR ($1.00),

sales tax INCLUDED / EXEMPT.

1. OBLIGATIONS: With respect to the labor, material, equipment and services (collectively, “Work”) to be performed and

furnished by Subcontractor, Subcontractor agrees to be bound to KCI by each and all of the terms and provisions of the

Contract Documents (as defined below), and to assume toward KCI all of the duties, obligations, and responsibilities that

KCI by the Contract Documents assumes toward the Owner. Subcontractor further agrees that KCI shall have the same

rights and remedies as against Subcontractor as the Owner, under the terms and provisions of the Contract Documents,

has against KCI with the same force and effect as though every such duty, obligation, responsibility, right or remedy were

set forth herein in full. The terms and provisions of this Subcontract with respect to the Work to be performed and

furnished by Subcontractor are intended to be and shall be in addition to and not in substitution for any of the terms and

provisions of the Contract Documents.

For purposes hereof, the Contract Documents shall include the following, each of which is hereby incorporated in this

Subcontract by this reference:

1. Drawings Volume(s) 1 THRU 45 dated 1/1/01

2. Specifications Volume(s) 1 THRU 45 dated 1/1/01

3. Addendum Number 1 THRU 45

4. General Conditions Section 123456

5. Special Conditions Section 456789

6. Supplemental Conditions Section 654321

7. Missouri Annual Prevailing Wage Order # 01

8. Division 1 - General Requirements

This Subcontract, all ancillary Subcontract documents, and the provisions of the Contract Documents, are intended to

supplement and complement each other and shall, where possible, be thus interpreted. If, however, any provision of this

Subcontract or the ancillary Subcontract documents irreconcilably conflict with a provision of the Contract Documents, the

provision(s) imposing the greater duty or obligation on Subcontractor shall govern.

2. ACCELERATION: If, in the opinion of KCI, Subcontractor does not employ sufficient manpower and equipment to keep

pace with the job progress, as determined by KCI in its sole discretion, then KCI is authorized by Subcontractor to perform

the work and charge Subcontractor.

3. DEFAULT: If Subcontractor defaults in the performance of its obligations hereunder or breaches any of the provisions

of the Subcontract, KCI shall be entitled, in addition to all other rights and remedies, to recover from Subcontractor all

costs and expenses (including without limitation, attorney’s fees and court costs) incurred in enforcing the provisions of

this Subcontract.

4. ARBITRATION: All claims or disputes between KCI and Subcontractor arising out of the Project or relating in any

manner to the performance or breach of the Subcontract, shall be decided by arbitration which shall be in accordance with

the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The arbitration shall

take place in the locale where the Project is located or in St. Louis, Missouri as determined by KCI in its sole discretion.

The award rendered by the arbitrator(s) shall be final and binding, and judgment may be entered upon it in accordance

with applicable law in any court having jurisdiction thereof.

5. LIQUIDATED DAMAGES: If Owner assesses damages or penalizes KCI because of late completion, Subcontractor

agrees to pay full amount of damages for all delays that are due to Subcontractor’s late or nonperformance or pay its

prorated share. (Prorated share equals Subcontract amount divided by total amount provided for in the contract (“Prime

Contract”) between Owner and KCI).

6. INDEMNITY: To the fullest extent permitted by law, Subcontractor shall defend, indemnify and hold harmless KCI,

Owner, their respective officers, employees, agents, representatives, successors and assigns, KCI’s bonding company (if

any), and any and all others whom KCI and/or Owner are legally obligated to defend and indemnify by the Contract

Documents, (collectively, “the Indemnified Parties”) from and against any and all suits, claims, demands, actions or

causes of action, and any and all liabilities, costs and expenses, including but not limited to attorneys’ fees and expenses

(collectively, “Losses”), arising out of, or in any manner incidental to or in connection with Subcontractor’s performance, or

lack of performance, with respect to the Work under this Subcontract or any change order, provided that such Losses are

attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, and caused by

the acts or omissions of Subcontractor, anyone directly or indirectly employed by Subcontractor or anyone for whose acts

Subcontractor may be liable, regardless of whether such suits, claims, demands, actions, causes of action or liability are

or alleged to have been caused or contributed to by the negligence, fault or strict liability of any Indemnified Party.

Subcontractor acknowledges that the terms and conditions in this paragraph constitute a promise by Subcontractor to

defend and hold the Indemnified Parties harmless from all Losses that may allege negligence or other wrongful conduct

on the part of the Indemnified Parties, but exclude those Losses caused by the sole fault of KCI or Owner. Subcontractor

1331245v2A

Subcontract Form Kci Construction

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