These Mason Terms and Conditions are the rights and the obligations of the general
contractor and the subcontractor when the parties enter into a mason subcontractor
agreement. These terms and conditions contain general provisions in respect of the
rights and obligations of the contracting parties as well as terms and conditions which
are unique to the masonry services to be performed by the subcontractor. As drafted
this agreement contains an arbitration clause and an indemnification provision. It
contains both standard clauses as well as opportunities for customization to ensure that
the understandings of the parties are properly set forth.
Mason Terms and Conditions
MASON TERMS AND CONDITIONS
1. HAZARDOUS MATERIALS
In the event the Subcontractor encounters any hazardous materials while performing the Work,
the Subcontractor may stop the Work until such time a fee has been negotiated between the
General Contractor and the Subcontractor 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 Subcontractor agrees that it shall promptly remove all debris
and equipment from the Premises and leave the Premises in a good state of cleanliness.
In the event a dispute arises under this Agreement, the General Contractor and the Subcontractor
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 Subcontractor. If it proves
impossible to arrive at a mutually satisfactory solution, the General Contractor and the
Subcontractor 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
arbitrators. An award of arbitration shall be final and binding on the General Contractor and the
Subcontractor 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.
In the event the General Contractor fails to make the payment of Fees to the Subcontractor as
contemplated in the Agreement, the Subcontractor 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
Subcontractor shall have the right to breach 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
5. COMPLIANCE WITH BUILDING REGULATIONS
The General Contractor agrees that the Subcontractor 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 Subcontractor shall not be held responsible or liable for any existing abnormal
or unusual conditions at the Premises.
6. ADDITIONAL WORK
In the event any additional work required to be done by Subcontractor will be provided by the
Subcontractor upon written authorization of the General Contractor. The Subcontractor and the
General Contractor agree that payment to the Subcontractor of any additional work required to
be done shall be negotiated between the Subcontractor and the General Contractor prior to the
commencement of any additional work by the Subcontractor.
The General Contractor and the Subcontractor agree that the Subcontractor may/may not assign
any of the Work contemplated herein to a third party with/without the prior written consent of
the other party.
8. FORCE MAJEURE
Neither the General Contractor nor the Subcontractor 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 Subcontractor
agree to immediately provide notice of any such circumstance and hereby undertakes to restore
the status quo as soon as is feasible.
The General C