Page 8 - Trail Winds Proposal E2

Criterion 1 Contract

Financial

Contract Modifica-ons:

ADDENDUM TO SUBCONTRACT AGREEMENT
BY AND BETWEEN
BRASFIELD & GORRIE, LLC AND
TRI-CITY ELECTRICAL CONTRACTORS, INC.

a. ARTICLE 1 – THE WORK - 1.3 In the performance of the Work, Subcontractor agrees that, except as expressly
otherwise stated in this Subcontract, it is bound to Contractor by the terms and condi.ons of the Contract
Documents and that Subcontractor is obligated and liable to Contractor to the same extent Contractor is obligated
and liable to Owner. Subcontractor hereby assumes toward Contractor all the du.es, obliga.ons and
responsibili.es that Contractor has by the Contract Documents assumed toward the Owner as it relates to the Work.
b. ARTICLE 5 – PAYMENT CONDITIONS - 5.4 Withholding, Set-Off, and Recoupment. (xi) Subcontractor has not met its
obliga.ons under another subcontract with the Contractor. Prior to making any withholding, Contractor shall give
wriGen no.ce to Subcontractor of the basis for Contractor’s withholding under this sec.on. Contractor shall provide
Subcontractor with wriGen no.ce of intent to withhold within five (5) business days of Contractor first having
knowledge of event giving rise to withholding. Subcontractor shall have seven (7) calendar days aHer receipt of such
no.ce to take any appropriate correc.ve ac.on. If Subcontractor fails to take correc.ve ac.on within the no.ce
period, Contractor shall then have the right to withhold all amounts reasonably necessary. Contractor shall provide
Subcontractor with a monthly report of any amounts withheld. Contractor hereby reserves the rights of set-off and
recoupment. Contractor may deduct, back charge, set-off, or recoup from any amounts otherwise due under this
Subcontract or any other agreement between Contractor and Subcontractor, including any agreements between
Subcontractor and any joint venture or other en.ty in which Contractor has an ownership interest, any amounts
owed by Subcontractor to Contractor under this Subcontract or under any other obliga.on of Subcontractor unless
delay is caused by factors outside Contractor’s control.
c. ARTICLE 7 – EXTENSION OF TIME—Regardless of the cause of the delay, the Subcontractor agrees it shall not be
en.tled to compensa.on or damages for any delay (including, without limita.on, impact, cumula.ve impact, labor,
inefficiency and disrup.on) in the performance of the Work except to the extent that Contractor shall receive such
compensa.on or damages from Owner or other third party. Notwithstanding the foregoing, if Contractor is the sole
cause of delay, Contractor shall not look to Owner for compensa.on as a condi.on precedent to Subcontractor’s
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right to equitable adjustment for delays.
d. ARTICLE 10 – PRICING AND DOCUMENTATION—10.3 Audit. Contractor shall bear the cost of such audit unless the
audit establishes that Subcontractor’s cost and pricing data was materially incomplete or inaccurate, not complete
and accurate in which case Subcontractor shall bear the cost.
e. ARTICLE 12 – INSURANCE—12.5 In the event that damage or loss to the Work is covered by any Builder’s Risk or
similar property insurance policy provided by the Contractor or Owner, Subcontractor agrees to pay its pro-rata
share of any applicable deduc.ble as the loss to Subcontractor’s Work applies to the total loss up to a maximum of
$100,000 per claim.

7 Tri-City Electrical Contractor, Inc. | “To Do More Than Expected” | www.tcelectric.com