PRIME CONTRACTOR PROVISIONS Sample Clauses
The Prime Contractor Provisions clause defines the rights and responsibilities of the main contractor in relation to the overall contract and any subcontractors involved. Typically, this clause outlines how the prime contractor manages subcontractors, ensures compliance with the main contract’s terms, and remains ultimately responsible for the project’s delivery and quality. For example, it may require the prime contractor to flow down certain obligations to subcontractors or to coordinate all communications with the client. The core function of this clause is to clarify the chain of responsibility and accountability, ensuring that the prime contractor remains the central point of contact and control for the project.
PRIME CONTRACTOR PROVISIONS. 2.01 The Contractor acknowledges, agrees, and warrants that:
(a) The Contractor will be considered to be the Prime Contractor and shall enter into a Prime Contractor Agreement with the Province and shall carry out the duties described therein, where any of the following conditions exist:
(i) the Province gave notice that the Successful Bidder would be the Prime Contractor;
(ii) the Province designates the Contractor to be the Prime Contractor at any time during the performance of the Work or Services;
(iii) the Contractor creates a multiple employer workplace through subcontracting any of the Work or Service at any time.
2.02 Where the Contractor is being considered as the Prime Contractor as per clause 2.01, the following is applicable:
(a) upon request, the Contractor must satisfy the Province that the Contractor has the experience and capacity to address Prime Contractor responsibilities in accordance with the Agreement and the WC Act and its regulations; and
(b) the Province provides written acknowledgement of the Contractor’s experience and capacity to function as Prime Contractor; and
(c) where the Contractor creates a multiple employer workplace, the Contractor will provide or acquire at their own expense all resources necessary to discharge the Prime Contractor responsibilities; or
(d) the Province may, in its sole discretion, give consideration for compensation related to any additional costs where, after commencement of the work, the Province creates a multiple employer workplace and designates the Contractor to be the Prime Contractor.
2.03 The Province may from time to time give prior written notice that a person other than the Contractor is designated as the Prime Contractor. The Contractor agrees that on receiving such written notice, the Contractor will cooperate with the Prime Contractor and shall coordinate health and safety activities and ensure compliance with the Prime Contractor’s safety program.
2.04 The Contractor shall, upon becoming aware of any apparent deficiencies in the Prime Contractor's work which would affect the Work or Services, shall report such deficiencies in writing to the Ministry Representative.
PRIME CONTRACTOR PROVISIONS. 2.01 The Contractor acknowledges, agrees, and warrants that:
(a) The Contractor will be considered to be the Prime Contractor and shall enter into a Prime Contractor Agreement with the Company and shall carry out the duties described therein, where any of the following conditions exist:
(i) the Company gave notice that the Successful Bidder would be the Prime Contractor;
(ii) the Company designates the Contractor to be the Prime Contractor at any time during the performance of the Work or Services;
(iii) the Contractor creates a multiple employer workplace through subcontracting any of the Work or Service at any time.
2.02 Where the Contractor is being considered as the Prime Contractor as per clause 2.01, the following is applicable:
(a) upon request, the Contractor must satisfy the Company that the Contractor has the experience and capacity to address Prime Contractor responsibilities in accordance with the Agreement and the WC Act and its regulations; and
(b) the Company provides written acknowledgement of the Contractor’s experience and capacity to function as Prime Contractor; and
2.03 The Company may from time to time give prior written notice that a person other than the Contractor is designated as the Prime Contractor. The Contractor agrees that on receiving such written notice, the Contractor will cooperate with the Prime Contractor and shall coordinate health and safety activities and ensure compliance with the Prime Contractor’s safety program.
2.04 The Contractor shall, upon becoming aware of any apparent deficiencies in the Prime Contractor's work which would affect the Work or Services, shall report such deficiencies in writing to the Company Representative.