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

and subcontractors were cutting corners to save money and time. They were using lead paint that was 30 percent cheaper than unleaded paint. Mattel also had a problem with a magnet on a toy design and came with a newer version to make corrections as to fix these problems. Mattel vendors and subcontractors were the problem. The Mattel Company isn’t really responsible it’s the vendors and subcontractors fault that children have been put at risk of dangerous toys. The vendors and subcontractors wanted

A general contractor is an individual, or a business entity, that manages the overall activities of a particular project (ie construction project) and coordinates between the individual subcontractors that perform the various activities and tasks of the project (ie plumbers, electricians, masons, roofers, etc.) A general contractor, also known as GC, may be taking part of actual project, or may be a paper contractor, one who does not perform any part of the project. General contractors insurance

and Pay When Paid Clauses The court case mentioned within the video discusses a dispute in which the general contractor, A.E.M Electric Services Corp, and the subcontractor, Transtar Electric Inc., challenges a “pay-if-paid” or a “paid-when-paid” clause. A.E.M claims the contract has fallen under the terms pay-if-paid where the subcontractors are not capable of receiving payment unless the owners pay the general contractor, whereas Transtar claims the opposite, pay-when-paid. In two previous court

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

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

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

. 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

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

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.

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

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

achieved by customer satisfaction in all areas including timeliness, attention to detail and service minded attitudes. To maintain the highest levels of professionalism, integrity, honesty, and fairness in our relationships with our suppliers, subcontractors, professional associates and customers. After careful analysis of the company’s website I believe that Bob Moore Construction is faithful to its mission statement. Bob Moore Construction

for much less? Simple, it comes down to their watered down race cars. While it is cheaper to buy a regular transmission from a subcontractor, theirs are typically not geared for high performance, so Ford and GM would have to design their own anyway. By teaming up, they can make mechanically magnificent (and superior) 10 speed automatic that shifts faster than subcontractors’. Furthermore, they could then alter via unique computational variables, the transmission timing to suit the needs of whatever

It is really Nike, not the subcontractors that at last set the pace of creation and in addition the wages of the specialists. On the off chance that a subcontractor needs to remain in business, he should acknowledge the course of events set by Nike and acknowledge the value Nike will pay. Next, in spite of the fact that Nike does not claim outside