SUBLET WORK Clause Samples
The SUBLET WORK clause defines the conditions under which a contractor may assign or subcontract portions of their contractual obligations to third parties. Typically, this clause requires the contractor to obtain prior written consent from the client or project owner before engaging any subcontractors, and may set standards for the qualifications or performance of those subcontractors. Its core function is to ensure that the quality and accountability of the work are maintained, while giving the client oversight and control over who is performing critical aspects of the project.
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SUBLET WORK. A. If prior to entering into a contract, the contractor has definite knowledge that he/she is taking over a contract for a job that has been partially completed by another contractor, he/she shall notify the LMCC or the Painters and Allied Trades District Council No. 36, in writing, by telephone, by FAX, or by telegram in the area before starting work. Upon receipt of such notice the LMCC or the District Council shall immediately inspect the job and shall advise all journeymen and trust funds, with unpaid claims, of their legal and other enforcement rights.
B. Two or more Employers: The Employers party to this Agreement hereby agree that no two or more employers having separate Shop Cards will be allowed to work for each other. Painting Contractors will be permitted to sub-let contracts and in such cases shall mail to the LMCC, prior to the start of such sublet contract work, the list of subcontractors’ names and addresses. The employer agrees that he/she will not sublet or contract to his/her employees.
C. Any Employer found guilty of sub-contracting work covered by this Agreement to an unsigned contractor and/or employee shall be assessed liquidated damages in the sum of not less than one thousand dollars ($1,000.00), none of which may be suspended, and the amount of trust fund contributions lost by virtue of the illegal sub-contract, by the LMCC. The assessed damages shall be paid to the Joint Apprenticeship Committee.
SUBLET WORK. A. The parties acknowledge that a close relationship exists between the Employer and its subcontractors on its job sites; and that employment of craftsmen at a particular job site is sporadic, necessitating a ready supply of craftsmen such as are available through the resources of the Union; that precise knowledge concerning present and prospective labor costs is essential to the Employer for the purpose of bidding; and that it is necessary and desirous to reduce the friction that results when union and non-union workers are required to work together at the same job site. The parties recognize the strong interest of the Union in insuring a continuity of hiring hall employment opportunities for its members, and continuity of funding as and for the employee benefit trust funds, to the benefit of its members and their dependents. The parties recognize in this regard that such objectives can best be achieved by requiring that all work described in this Agreement be performed by business concerns signatory to this Agreement.
B. Two or More Employers: The Employer Signatory to this Agreement hereby agrees that no two or more Employers having separate shop cards will be allowed to work for each other as employees. The Employer shall not contract or subcontract any job site work heretofore described except to a person, firm, partnership, corporation or other entity that is licensed in accordance with State Law and signatory to this Agreement. The Employer agrees that he will not sublet or contract to his employees. It shall be deemed a violation of this Agreement for any employee to act as a labor contractor.
C. The Employer agrees that in the event he subcontracts any work covered by this Agreement, the subcontract shall be in writing and a copy submitted to the Painters and Allied Trades District Council No. 36 and to the LMCC Office prior to commencement of the job by the subcontractor. The LMCC Office shall notify the Employer in writing within seventy-two (72) hours the status of the subcontractor. The subcontracting agreement shall contain a provision that the subcontractor shall be responsible for the observance of all terms and conditions of this Agreement including the payment of wages and other monetary obligations. In the event that any subcontractor fails to pay the wages or other monetary obligations provided under this Agreement, the Employer shall become liable for the payments of such sums and such sums except liquidated damages immediately become ...