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    Sample Construction Contract-5

    Uploaded by

    Mohammad Alam

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Sample Construction Contract-5

    Uploaded by

    Mohammad Alam
    2 views2 pages

    Copyright

    © © All Rights Reserved

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    PDF, TXT or read online from Scribd

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    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2 views2 pages

    Sample Construction Contract-5

    Uploaded by

    Mohammad Alam

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    worker's compensation claim of any employee of the Contractor or any

    Subcontractor of the Contractor.

    17.2 The Contractor agrees to investigate, handle, respond to, and to provide defense
    for and defend against, any such liability, claims or demands at the sole expense
    of the Contractor, or at the option of the Owner, agrees to pay the Owner or
    reimburse the Owner for defense costs incurred by the Owner in connection with,
    any such liability, claims or demands. In carrying out any of the provisions of this
    Contract or in exercising any power or authority thereby, there shall be no
    personal liability of the Owner or the Owner's Representative, or officials,
    attorneys, employees and agents thereof.

    17.3 The Contractor also agrees to bear all other costs and expenses related thereto,
    including court costs and attorney fees, whether any such liability, claims or
    demands alleged are groundless, false or fraudulent. The obligation of these
    provisions shall not extend to any injury, loss or damage which is caused by the
    act, omission or other fault of the Owner

    Insurance

    17.4 The Contractor agrees to procure and maintain, at its own cost, a policy or
    policies of insurance sufficient to insure against all liability, claims, demands, and
    other obligations assumed by the Contractor pursuant to Section 18.1. Such
    insurance shall be in addition to any other insurance requirements imposed by
    this contract or by law. The Contractor shall not be relieved of any liability,
    claims, demands, or other obligations assumed pursuant to Section 18.1 by
    reason of its failure to procure or maintain insurance, or by reason of its failure to
    procure or maintain insurance in sufficient amounts, durations, or types.

    17.5 Contractor shall procure and maintain, and shall cause any Subcontractor of the
    Contractor to procure and maintain, the minimum insurance coverages listed
    below. Such coverages shall be procured and maintained with forms and
    insurers acceptable to Owner. All coverages shall be continuously maintained to
    cover all liability, claims, demands, and other obligations assumed by the
    Contractor pursuant to Section 18.1. In the case of any claims-made policy, the
    necessary retroactive dates and extended reporting periods shall be procured to
    maintain such continuous coverage.

    (a) Worker's Compensation insurance to cover obligations imposed by


    applicable laws for any employee engaged in the performance of work
    under this contract. Evidence of qualified self-insured status may be
    substituted for the Workmen's Compensation requirements of this
    paragraph.

    (b) Commercial General Liability insurance with minimum combined single


    limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and
    ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall be
    applicable to all premises and operations. The policy shall include
    coverage for bodily injury, broad form property damage (including
    completed operations), personal injury (including coverage for contractual
    and employee acts), blanket contractual, independent contractors,
    products, and completed operations. The policy shall include coverage for
    explosion, collapse, and underground hazards. The policy shall contain a
    severability of interests provision.

    (c) Comprehensive Automobile Liability insurance with minimum combined


    single limits for bodily injury and property damage of not less than FIVE
    HUNDRED THOUSAND DOLLARS ($500,000) each occurrence and
    FIVE HUNDRED THOUSAND DOLLARS ($500,000) aggregate with
    respect to each of Contractor's owned, hired and non-owned vehicles
    assigned to or used in performance of the services. The policy shall
    contain a severability of interests provision. If the Contractor has no
    owned automobiles, the requirements of this Paragraph shall be met by
    each employee of the Contractor providing services to the Owner under
    this contract.

    (d) Professional/Contractor Liability insurance with minimum limits of ONE


    MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION
    DOLLARS ($1,000,000) aggregate.

    17.6 The policy required by paragraphs (b) and (c) above shall be endorsed to include
    Owner and the Owner's Representative, and officers and employees thereof, as
    additional insureds. Every policy required above shall be primary insurance and
    any insurance carried by Owner, its officers, or its employees, or carried by or
    provided through any insurance pool of Owner, shall be excess and not
    contributory insurance to that provided by Contractor. No additional insured
    endorsement to any policy shall contain any exclusion for bodily injury or property
    damage arising from completed operations. The Contractor shall be solely
    responsible for any deductible losses under any policy required above.

    17.7 The certificate of insurance provided by Owner shall be completed by the


    Contractor's insurance agent as evidence that policies providing the required
    coverages, conditions, and minimum limits are in full force and effect, and shall
    be reviewed and approved by Owner prior to commencement of the contract. No
    other form of certificate shall be used. The certificate shall identify this Contract
    and shall provide that the coverages afforded under the policies shall not be
    cancelled, terminated or materially changed until at least thirty (30) days prior
    written notice has been given to Owner. Any statement of the certificates which
    describe this 30-day prior written notice as being less than obligatory shall be
    stricken and initialed by the insurance agent completing the certificates. The
    completed certificate of insurance shall be sent to Owner.

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