Subcontractor Essays

contract provisions (Brennan, 2008). They are applicable in contractor-subcontractor contracts where the contractor agrees in writing to only pay the subcontractor, once he has been paid by the owner of the construction project (Brennan, 2008). The agreement places on the subcontractor the duty of completely abiding by the provision. The clause seeks to create an obligation on the general contractor to only reimburse the subcontractor once the proprietor of the construction project has paid him. Therefore

Read the case study below and answer All the questions. QUESTION ONE Mac Hart Corporation is a large engineering company with ten manufacturing units throughout the country. The manufacturing process is capital intensive and the company holds a wide variety of plant and equipment. The finance director is responsible for the preparation of a detailed non-current assets budget annually, which is based on a five-year budget approved by the board of directors after consultation with the audit committee

Opportunity for Growth There are many hurdles to overcome to be a federal contractor or subcontractor. Companies have to comply with a laundry list of regulations and laws and allow several federal regulatory agencies access to business records and processes. For some, the risk outweighs the financial gain. However, the opportunity to support our nation’s government and possibly make a profit while doing it becomes a tantalizing draw for some companies. One such company is Large Plastics.

contractors include a payment clause that conditions the payment to a subcontractor upon payment to the general contractor by the owner. This trend tends to trickle down from general contractor to subcontractor and from subcontractor to sub-subcontractor (Enforcing Conditional Payment Clauses). Some courts have found that these clauses violate state lien statutes and public policy. In any case, it is important that subcontractors determine before signing a contract whether or not there is a pay-when-paid

When you have a valid and legally enforceable contract, there are rights and duties of the parties to the contract. In general, only the parties that entered the contract have rights and liabilities according to it. This is called the privity of the contract, excluding third parties. However, there are two exceptions to the privity of contracts: assignment of rights and delegations of duties. Another form of third party rights in a contract is a third party beneficiary contract. What are these types

work plans, and running the daily huddles with all the subcontracotrs. It’s my responsibily to make sure to do SWPPP inspections twice a week, and fix any problems that can lead to violations. As for weekly work plans, I have to collect every subcontractors’ tasks for the following meek, and put it into an excel sheet so we can go over it at the foreman’s meeting with the senior superintendent. Using the weekly work plans, I go through every single task and ask each subcontractor’s foreman if they

duties and obligations as general contractor. SMS has not offered any evidence regarding damages. The Court must exclude all testimony and opinion from Defendant regarding damages. Likewise, Defendant has not offered any evidence that third-party subcontractors and/or Plaintiff James Bannie (“Plaintiff” or “Bannie”) caused or contributed to the damage at the Property; this evidence and testimony must be excluded. The Court must also exclude damage from Mr. Geoffrey Jillson of Guy Engineering because

Dave Pepper, the owner of Pepper Construction, was evaluating his safety performance of his organization with his insurance representative. During this evaluation, the insurance representative advised Mr. Pepper that his organization was in the bottom third in what is called the experience modification rate (EMR). The experience modification rate is used to compare compensation claims from one company to other companies of similar operating size and determines if the company is exceptional or not

FCC ( Federal Claims Court ). It was also determined by the FCC that the burden shall fall upon the contractor to show reimbursement cost is reasonable. The DCAA concluded that the proposed rates were three times the amount that eight similar subcontractors would have negotiated. The FCC upheld the decision to deny the reimbursement and permitted the U.S. Government to withhold nearly $30 million. The gross neglect of KBR Inc. to prove and provide that the reimbursement costs are reasonable must

. In this case, there is no valid contract between Sizemore and Erickson for which they hadn’t no agreement. As I know, the essential of a valid contract are: Agreement- offer and acceptance, consideration, contractual capacity, legal object. Therefore, according to the principle of unjust enrichment that no person should be allowed to profit at another 's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and

also include significantly increased requirements for business associates and the subcontractors of those business associates. A subcontractor is any entity that does not have a direct contractual relationship with a covered entity, but still receives, maintains, transmits or creates protected health information as part of their work for a business associate of a covered entity. Under the new regulations, subcontractors are included in the definition of "business associate" and also subject to the same

has worked at Linus Construction with architects, engineers, owners, buyout projects, and superintendents to understand the scope of work. He defined a “project manager” as one who puts the package together, and defines the scope of work for subcontractors. A “job superintendent” is at the project watching the day to day construction. For Gorman ISD, he was more like a job superintendent but only had the power to observe, not to stop the work.

Co-ordinate and monitor the actions of the subcontractor alike to ensure they meet their respective contractual obligations and ensure that effective controls are in place. It was my initial role in the company and it sounded definitely difficult to me at all. My role was mostly about dealing with electrical and instrument subcontractors in construction site projects those who were awarded to our Engineering, procurement, and construction

Unjust enrichment is a legal concept which refers to the concept in which one person is enriched at the expense of another where one person is determined by law to have been treated unjustly. When an enrichment is deemed unjust, the law imposes an obligation upon the recipient to make restitution, subject to defenses such as change of position. Liability for an unjust (or unjustified) enrichment can only come when the recipient is benefiting from the enricher’s detriment. The concept of unjust enrichment

Asia and Indonesia. In addition, to address the child labor complaints, Nike implemented new human rights standards especially focusing on child labor laws, including age requirements, and minimum wage levels. These standards were applied to the subcontractors’ agreements and Nike refused to work with those unwilling to meet the conditions. The child labor laws eliminated child employment, requiring only children of age 16 years and above to be eligible for employment. Further, Nike, in conjunction

a few locations that make corsages and arrangements for big occasions such as weddings and businesses. These locations will be operating as ChloroFloral to differentiate it from the warehouse.  Smaller order will be processed to subcontractors. Having subcontractors helps customers brings the business closer to the customer.  Online services for sending flowers to loved ones all over the country. Make contracts with floral shops. After a customer makes an online order the contracted floral store

includes the claim that morality is ultimately based on the commands or character of God (Austin). By applying this theory to Fischer Homes’ current situation, it can be possible to claim that Fischer Homes was instructed by God to hire these subcontractors with undocumented employees, because they were poor and needed a job to support their family. If this was indeed the thought process of the Fischer Homes’ employees that turned their heads to the hiring of undocumented workers, then it is not

3/15 – Present AB 109, Los Angeles County Probation Department, Downey, CA. PROGRAM ANALYST Analyze and make recommendations to Bureau Chief, Senior Directors, Directors, Supervising Deputy Probation Officers, and Supervising Program Analyst on technical, procedural and conceptual problems to establish benefits for target population which include case management maintenance, housing, employment, education services, substance use, and mental health treatment. Evaluate AB 109 program designs, including

in to avoid detection. Cornejo Villavicencio shares her accounts with Enrique, “The Americans who own the contracting companies are all white. They hire Hispanic people to work as subcontractors and they’re the ones who deal directly with laborers. When the American contractors come to the work sites, the subcontractors treat them like gods,” he says. “They make us stop talking if we were talking, and we have to turn off the music if we were listening to music. We even stop working out of respect

Since Donald Trimp made a sales of good business with Paul Bighand’s supply center and the sales of goods are worth more than $500, this contract must follow all the rules under UCC. As what UCC has said, a contract for the sale of goods worth $500 or more is not enforceable unless there is some writing, signed by the defendant, indicating that the parties reached an agreement. The contract must consist a statement of the quantity of goods being sold as well. However, there is an exception when it