2003-097 - Laserfiche WebLink

Home Browse Search

• 5 . Failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work . SC 16 DISPUTE RESOLUTION SC- 16 Add the following new paragraphs immediately after paragraph SC- 16. 01 . SC- 16 . 02 Venue This contract shall be governed by the laws of the State of Florida . Venue for any lawsuit by either party against the other party or otherwise arising out of this contract shall be in Indian River County, Florida , and in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . SC -17 Miscellaneous Add the following new paragraph immediately after paragraph GC 17. 05: SC- 17 . 06 Liens A . This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens maybe filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The • CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name ) and to (CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub-subcontract hereunder, " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . SC -17 . 06 SC- 17 . 06 Add the following new paragraphs immediately after GC- 17. 05: 17 . 06 The form of all submittals , notices , change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER . The forms for Notice of Award , Notice to Proceed , and Final Receipt which the ENGINEER expects to use are contained in the subsequent pages of these Supplementary Conditions . • 00800 - Supplementary Conditions 00800 - 7 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\West Side Subdivision - UCP#2177\Bid docs\specs\00800 - Supplementary Conditions.doc Rev. 05/01