LCI Preconstruction & Estimating Training Manual

Contractor's reasonable estimate of any costs or liability Contractor has incurred or may incur for which Subcontractor might be responsible under this Subcontract Master Agreement, any particular Project’s Work Authorization Document(s) or any other agreement between the parties or between one or more joint ventures in which one of the parties is a venturer. Neither partial nor final payment shall constitute or imply acceptance of any of Subcontractor's Work or waiver of any of Contractor's rights and remedies under this Subcontract Master Agreement, Work Authorization Document(s) and the Contract Documents. (a) Subcontractor will proceed with Subcontractor's Work in a prompt and diligent manner, in accordance with Contractor's schedules as amended by Contractor from time to time. Contractor shall have the right to direct the sequence and pace of Subcontractor's Work, to modify the construction schedules, to suspend, to delay or to accelerate, in whole or in part, the commencement or execution of Subcontractor's Work, without monetary compensation to Subcontractor except as set forth in Article 10 below. Subcontractor shall adhere to Contractor's schedules and orders with respect to the progress of Subcontractor's work, including amendments thereto, even if such schedules or orders differ from schedules set forth in the Contract Documents, or revisions thereto, or the time of completion called for by the Contract Documents. Subcontractor will coordinate Subcontractor's Work with existing utilities, adjacent work, the work of Contractor, other subcontractors, and the Owner's separate contractors or employees, if any, and shall keep Subcontractor's Work in a state of forwardness so that no delays, obstruction, disruption or interference will occur in completion of any part or all of the Project or Contractor's Work or the work of other of Contractor's subcontractors or Owner's separate contractors or employees. Subcontractor shall complete punch list work within the time established by Contractor. TIME IS OF THE ESSENCE. 9. TIME OF PERFORMANCE. (b) Within ten days after signing a particular Project’s Work Authorization Agreement and as requested thereafter, Subcontractor shall submit scheduling documents in form, detail, and format acceptable to Contractor, which shall comply with all scheduling requirements of the Contract Documents and Article 9 of this Subcontract. Subcontractor's schedules shall identify and input all project phases, sub-phases and activities, shall break project activity descriptions by task and area of the Subcontractor's Work so that there shall be no activity of greater than 10 work days duration, shall reflect all procurement, submittal and construction activities, shall provide and display logic relationships among all activities by predecessor and successor, shall consider crew size and labor resources available in computing planned durations and shall avoid constrained dates. Contractor may from time to time, at Contractor's sole discretion, direct Subcontractor to make reasonable modifications and revisions in such schedules. Subcontractor's schedules are solely for the benefit of Contractor. Contractor's receipt, review and/or acceptance of Subcontractor schedules shall not constitute any amendment to the Subcontract Master Agreement or Work Authorization Document(s). Subcontractor's provision of such detailed schedule(s) shall not satisfy any notice requirements of this Subcontract Master Agreement, Work Authorization Document(s) or of the Contract Documents. Subcontractor also shall furnish to Contractor periodic progress reports and detailed schedule updates including information on the status of materials and equipment to be purchased and delivered and comparison reports to Subcontractor’s most recent schedule. Regardless of Subcontractor's schedules, Subcontractor shall be obligated to coordinate the timing, manpower and location of Subcontractor's Work so as not to disrupt other Subcontractors and to permit Contractor to cause the Project Work as a whole to proceed in the most expeditious manner as determined by Contractor. (c) Although Contractor may choose, at Contractor's option, to direct Subcontractor's Work in accordance with a detailed schedule incorporated into the Contract Documents or, even if not incorporated into the Contract Documents, any detailed schedule accepted by the Owner, Contractor shall be entitled to change the logic or duration shown for any of the Subcontractor's Work or other work in such detailed schedule and to require multiple mobilizations and demobilizations and such change shall not entitle Subcontractor to any claim for time extension or claim for compensation. (d) At Contractor's sole discretion, Subcontractor and Subcontractor's subcontractors shall attend, by personnel at the level of superintendent or higher, as Contractor determines, all progress meetings, safety meetings, Owner-Architect- Contractor meetings where Subcontractor's Work, the sequence of Contractor's Work or other issues of coordination or performance of Subcontractor's Work are to be discussed. Regardless of whether Subcontractor attends, upon Contractor's forwarding of the minutes of such meeting, Subcontractor and Subcontractor's subcontractors shall be deemed to have received the information and direction given at such meeting and shall be liable for all consequences of Subcontractor's failure to act in accord with such information and direction. (e) Subcontractor acknowledges that, in order for Contractor to coordinate and to manage the work required by the Contract Documents, Contractor must allocate site access and access to and completion and sequencing of work areas, utilities, storage space, disposal and other characteristics and resources of the Project site and the Project work (collectively "Site Resources"), certain trades may be given preference, at the discretion of Contractor, to Site Resources in order to maintain the optimum project schedule as determined by Contractor and suspensions, returns to work areas and multiple mobilizations of Subcontractor's workforces might be required to utilize Site Resources as Contractor deems

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