Drywall Terms and Conditions

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These Drywall Terms and Conditions are for an agreement between a general contractor and a subcontractor for the provision of drywall work. This document sets forth the material terms and conditions of the agreement including the location of the worksite, the payment details and an arbitration agreement. It contains numerous standard provisions that commonly included in these types of agreements and may be customized to address the specific needs of the contracting parties. This document should be used by a drywall subcontractor and a general contracting when entering into an agreement for services.

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									These Drywall Terms and Conditions are for an agreement between a general
contractor and a subcontractor for the provision of drywall work. This document sets
forth the material terms and conditions of the agreement including the location of the
worksite, the payment details and an arbitration agreement. It contains numerous
standard provisions that commonly included in these types of agreements and may be
customized to address the specific needs of the contracting parties. This document
should be used by a drywall subcontractor and a general contracting when entering into
an agreement for services.
                       DRYWALL TERMS AND CONDITIONS

        This agreement is intended to establish a work relationship between a general contractor,
________________ [NAME OF GENERAL CONTRACTOR], and a sub-contractor,
__________________ [NAME OF SUB-CONTACTOR] (hereinafter, collectively, the
"Parties"), where the sub-contractor will perform services to install drywall. This agreement is
signed, and will take effect as of the ____ Day of ___________ , 201___.
        The sub-contractor will perform drywall work at ___________________ [PROVIDE
ADDRESS(ES) WHERE WORK WILL BE DONE BY SUB-CONTRACTOR]
{Instruction: When providing the names of the Contractor and Sub-contractor, above, give
both the company names--if any--and the names of the people signing this Agreement.}

1.       HAZARDOUS MATERIALS

In the event the Sub-contractor encounters any hazardous materials while performing the Work,
the Sub-contractor may stop the Work until such time a fee has been negotiated between the
General Contractor and the Sub-contractor for the removal of the hazardous materials.
Hazardous materials shall mean any material that because of its quantity, concentration or
physical chemical characteristics may pose a real hazard to human health or the environment.
Hazardous materials shall include, but not be limited to, flammable and combustible material,
toxic material, corrosive material, aerosols, compressed gases, mercury, asbestos, bulk fuels,
medical waste and chemical, biological and radiological materials.

2.       REMOVAL OF DEBRIS

Upon completion of the Work, the Sub-contractor agrees that it shall promptly remove all debris
and equipment from the Premises and leave the Premises in a good state of cleanliness.

3.       ARBITRATION

In the event a dispute arises under this Agreement, the General Contractor and the Sub-
contractor hereby agree to attempt to resolve such dispute with a mutually agreed-upon mediator.
Such mediation shall occur in the City of ______________. Any costs and fees other than
attorney fees shall be shared equally between the General Contractor and the Sub-contractor. If
it proves impossible to arrive at a mutually-satisfactory solution, the General Contractor and the
Sub-contractor hereby agree to submit the dispute to binding arbitration in the same city or
region, conducted on a confidential basis pursuant to the laws of the governing jurisdiction.

Any decision or award as a result of any such arbitration proceeding shall include the assessment
of costs, expenses and reasonable attorney's fees and shall include a written determination of the
arbitrator or arbitrators. An award of arbitration shall be final and binding on the General
Contractor and the Sub-contractor and may be confirmed in a court of competent jurisdiction.
The prevailing party shall have the right to collect from the other party its reasonable costs and
attorney fees incurred in enforcing this Agreement.



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4.       FEES

In the event the General Contractor fails to make the payment of Fees to the Sub-contractor as
contemplated in the Agreement, the Sub-contractor shall have the right to cease all Work at the
Premises until such time the General Contractor makes all payments due and owing to the
Subcontractor. In the event the General Contractor fails to make any payment of fees due and
owing to the Subcontractor within ______ (___) days of such payment being due, the Sub-
contractor shall have the right to treat the failure of such payment as a material breach of the
Agreement and shall have the right to terminate the Agreement and not complete the Work
contemplated therein.

5.       COMPLIANCE WITH BUILDING REGULATIONS

The General Contractor agrees that the Sub-contractor shall not be held liable or responsible for
the failure by the General Contractor to adhere to any relevant building codes, regulations or
ordinances. The Sub-contractor shall not be held responsible or liable for any existing abnormal
or unusual conditions at the Premises.

6.       ADDITIONAL WORK

In the event that any additional work is required to be done by Sub-contractor; such work will be
performed by the Sub-contractor upon written authorization of the General Contractor. The Sub-
contractor and the General Contractor agree that payment to the Sub-contractor of any additional
work required to be done shall be negotiated between the Sub-contractor and the General
Contractor prior to the commencement of any additional work by the Sub-contractor.

7.       ASSIGNMENT

The General Contractor and the Sub-contractor agree that the Sub-contractor _____________
[SELECT ONE OF THE FOLLOWING: "may assign any of the Work" or "may NOT
assign any of the Work"] contemplated herein to a third party with/without the prior written
consent of the General Contractor.

8.       FORCE MAJEURE

Neither the General Contractor nor the Sub-contractor is responsible for the failure to fulfil its
obligations under this Agreement or for delay in doing so if such failure or delay is due to
circumstances beyond its control, such as, but not limited to, acts of God, acts of government,
war, riots, strikes, accidents in transportation. The General Contractor and the Sub-contractor
agree to immediately provide notice of any such circumstance and hereby undertakes to restore
the status quo as soon as is feasible.

9.       INSURANCE

The General Contractor will maintain, at its sole cost and expense, fire insurance in an amount of



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not less than ______________ ($______) Dollars. Such insurance coverage shall include
construction, vandalism and malicious mischief clauses. The insurance in place by the General
Contractor will name the General Contractor and its sub-contractors as additional insureds under
the policy. In the event the General Contractor fails to obtain and maintain such insurance
coverage for the Work to be performed, the Sub-contractor may at its sole option purchase such
insurance, and any expense for sub-contractor obtaining such insurance will be reimburse by the
General Contractor within ______ days of General Contractor receiving written documentation
of the insurance that Sub-contractor has obtained.

The Sub-contractor agrees that it will--prior to the commencement of the Work and throughout
the duration of the Work--obtain and maintain Worker’s Compensation Insurance for the Sub-
contractor’s employees. The Sub-contractor shall maintain adequate coverage against any claims
which may be made against the Sub-contractor for Worker’s Compensations, unemployment
insurance and taxes. The Sub-contractor must maintain public liability, property damage and
builder’s risk insurance in the aggregate amount of _____________ ($__________) Dollars for
the duration of the Agreement. Sub-contractor agrees to provide documentation of the above to
the General Contractor within ____ days of General Contractor making a request, in writing, for
such documentation.

10.      INDEMNIFICATION

The General Contractor hereby agrees to indemnify and hold the Sub-contractor, its affiliates,
successors and assigns and its employees, harmless from and against any and all claims which
may arise out of the General Contractor’s Work at the Premises or from the conduct of the
General Contractor’s business at the Premises. The General Contractor further agrees to
indemnify and hold the Sub-contractor, its affiliates, successors and assigns and its employees
harmless from and against any and all claims arising from any breach or default in the
performance of any of the obligations on the General Contractor’s part to be performed under the
terms of this Agreement or arising from any negligence of the General Contractor or any of the
General Contractor’s agents, sub-contractors or employees and from and against all costs,
including reasonable attorney fees, expenses and liabilities incurred in the defense of any such
claim or any action or legal proceeding brought thereon.

11.      GOVERNMENTAL COMPLIANCE

The General Contractor shall be liable and responsible for and shall ensure at all times that the
General Contractor and its employees and subcontractors comply will all local, state and federal
laws.

The General Contractor shall, at all times while the Work is being performed at the Premises,
ensure that clean drinking water and suitable toilet facilities are available for use.

12.      MATERIAL

The amount of Fees payable under this Agreement are subject to increase if the cost of Materials
increases by more than __________ (_____%) percent over the amount quoted to the General



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Contractor by the Sub-contractor between the date of this Agreement and delivery of such
Materials to the Premises for the Work. In the event of such increases, and upon written
documentation establishing the extent of the increase, the Fees will be equitably adjusted.

               IN WITNESS WHEREOF, the General Contractor and the Subcontractor have
executed this Agreement as of the day and year first written above.


________________________________                               _____________________________

Print Name of General Contractor                                 (and Name of Company, if any)_

_____________________________________

Signature of General Contractor




_______________________________                                  ______________________________

Print Name of Sub-Contractor                                     (and Name of Company, if any)

_____________________________________

Signature of Sub-Contractor




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