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HomeMy WebLinkAbout09-62563 MYERS WELDING & FABRICATION, INC., Plaintiff VS. SUTLIFF ENTERPRISES,. INC., Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA No. 0 - IPA 5(0 M lD CLAIM FOR MECHANIC'S LIEN AND NOW on this 10, day of September, 2009, comes Myers Welding and Fabrication, Inc., Subcontractor, pursuant to the Me- chanic's Lien Law of 1963, 49 P.S. 1101 et seq., as amended and files this claim as a Subcontractor against Sutliff Enterprises, Inc. in the amount of Sixteen Thousand One Hundred Twenty-Three and 68/100 Dollars ($16,123.68) together with lawful interest from February 26, 2009, due to it as Subcontractor stating the following claim: 1. The name of Claimant is Myers Welding & Fabrication, Inc. of 10 Big Oak Road, Dillsburg, Pennsylvania 17019. 2. The name of the Defendant against which this claim is filed is Sutliff Enterprises, Inc. of 802 South 16th Street, Harrisburg, Pennsylvania 17104. 3. The Claimant, Myers Welding & Fabrication, Inc. files this Mechanic's Lien Claim as a Subcontractor. 4. The address of the property subject to the Lien, any and all buildings erected thereupon and the cartilage appurtenant thereto, located at 6462 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 5. The Claimant contracted directly with Mass Construction Group, Inc., for work to be performed at Defendant's premises at 6462 Carlisle Pike, Mechanicsburg, Pennsylvania, for the purposes of provid- ing fabrication and erection of structural and miscellaneous steel for the addition to the Sutliff Cadillac building. 6. The services were performed pursuant to an AIA Contract dated July 29, 2008, a copy of which is attached hereto as Exhibit "A." 7. The claim of Claimant Myers Welding & Fabrication, Inc. is based upon services performed and in accordance with invoices attached hereto as Exhibit "B." 8. Notice of intent to file this Claim was provided by Certified Mail on August 14, 2009, a copy of which is attached as Exhibit "C." 2 t 9. The sum of Sixteen Thousand One Hundred Twenty-Three and 68/100 Dollars (16,123.68) together with interest from February 26, 2009 is due to the Claimant. The Claimant has no Note or other collat- eral security for its claim. Date: IR11011 001 r 11 By : Aq-,\ _ 7) Jennifdr?g. Hipp, Esquire Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Myers Welding and Fabrication, Inc. 3 r VERIFICATION I verify that the statements made in this Claim for Mechanic's Lien are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: q l 5'10' ? sa') . Mye Vice President ers Weldi & Fabrication, Inc. 4 TM #AlA DommentA4o1_ Pr? ,1QQ7 SfP j61008 Standard Form of Agreement Between Contractor and Subcontractor AGREEMENT made as of the Twenty Ninth day of July in the year Two Thousand and Eight (In words, indicate day, month and year) Init. BETWEEN the contractor: (Name, address and other information) Mass Construction Group, Inc., Subchapter S Corporation 681 Knight Road Harrisburg, PA 17111 Telephone Number; 717-652-2230 Fax Number: 717-652-8449 and the Subcontractor. (Name, address and other information) Myers Welding & Fabrication 10 Big Oak Road Dillsburg, PA 17019 Telephone Number. 717-502-7473 Fax Number: 717-502-8080 The Contractor has made a contract for construction dated May 22, 2008 With the Owner: (Name, address and other information) Sutliff Enterprises, Inc 802 South 16th Street Harrisburg, PA 17104 For the following Project: (Include detailed description of Pnvject, location and address) Sutliff Cadillac - Addition 6462 Carlisle Pike Mechanicsburg, pA 17055 which Contract is hereinafter referred to as the prime Contract and which provides for the furnishing of labor, materials, equipment and services in connection with the cons of the Contractor A (from copy of the prime Contract, truction and Conontra consisting of the Agreement between Owner which compensation amounts may be deleted) and the other Contract Documents enumerated therein has been made available to the Subcontractor. The Anchitect for the Project is: ()Vame, address and other information ) The Contractor and the Subcontractor agree as follows. ADDITIONS AMC) DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addttions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by the American Subcontractors Association and the Associated Speciality Contractors, Inc. AIA Document I I TM _ gg? r Architects. All rights reserved, WARNING: Ths AIAO Docl 2 reproduction or r dis distribution of this AIA° Document ument 4 protected by 963, 1966, 1967, 197, 1978, 1987 and 1997 by The American institute of U.S. Co , or any portion of it, may PYrIght Law and Inter civil and criminal national penalties, Treaties. Unauthorized on 12/6/2008, and is not for resale. result in Will be maximum extent possible under the law. This document was produced by A IA sofhvare at severe 07 on 08/08/2008 under Order No. 10003332883 3 whi whi r User Notes: p o hd to the ch expires (1680047$41) ARTICLE 1 THE SUBCONTRACT DOCUMENTS § 1.1 The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the Owner and Contractor and the other Contract Documents enumerated therein; (3) Modifications issued subsequent to the execution of the Agreement between the Owner and Contractor, whether before or after the execution of this Agreement; (4) other documents listed in Article 16 of this Agreement; and (5) Modifications to this Subcontract issued after execution of this Agreement. These form the Subcontract, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein. The Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Subcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 16. § 1.2 Except to the extent of a conflict with a specific term or condition contained in the Subcontract Documents, the General Conditions governing this Subcontract shall be the 1997 edition of AIA Document A201, General Conditions of the Contract for Construction. Unless the context clearly indicates otherwise, all references to the "Owner" in the AIA Document 201, 1997 edition, shall be deemed for purposes of this Agreement to be references to the "Contractor" herein, and all references to the "Contractor" in the AIA Document 201, 1997 edition shall be deemed for purposes of this Agreement to be references to the "Subcontractor" herein. §1.2.1 In case of a conflict between terms enumerated in the documents identified in Section 1.1 and 1.2, as a general rule, the terms of this Agreement shall control, and the more specific or stringent provisions of this Agreement shall take precedence over more general or less stringent provisions contained elsewhere in any other contract document. In the event of a perceived conflict or ambiguity in any contract term or requirement, the Subcontractor, prior to beginning work, shall consult with the project Architect in order for the Architect to provide an interpretation of any contract provision as provided for under Article 4 of the 1997 edition of the AIA 20I? P<r &1 t Sfia4A2WS. , r § 1.3 The Subcontract may be amended or modified only by a Modification. The Subcontract Documents shall not be O, t 11-s construed to create a contractual relationship of any kind (1) between the Architect and the Subcontractor, (2) between the Owner and the Subcontractor, or (3) between any persons or entities other than the Contractor and Subcontractor, 3 1A The Subcontractor shall be furnished copies of the Subcontract Documents upon request, but the Contractor may charge the Subcontractor for the reasonable cost of reproduction. ARTICLE 2 MUTUAL RIGHTS AND RESPONSIBILITIES 12.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and, to the extent that the provisions of the edition of AIA Document A201 current as of the date of this Agreement apply to this Agreement pursuant to Section 1.2 and provisions of the Prime Contract apply to the Work of the Subcontractor, the Contractor shall assume toward the Subcontractor all obligations and responsibilities that the Owner, under such documents, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under such documents, assumes toward the Owner and the Architect. The Contractor shall have the benefit of all rights, remedies and redress against the Subcontractor which the Owner, under such documents, has against the Contractor, and the Subcontractor shall have the benefit of all rights, remedies and redress against the Contractor which the Contractor, under such documents, has against the Owner, insofar as applicable to this Subcontract. Where a provision of such documents is inconsistent with a provision of this Agreement, this Agreement shall govern. 12.2 The Contractor may require the Subcontractor to enter into agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities which the Contractor and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other which the Contractor and Subcontractor have by virtue of the provisions of this Agreement. ARTICLE 3 CONTRACTOR § 3.1 SERVICES PROVIDED BY THE CONTRACTOR § 3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference in the Subcontractor's Work and shall expedite written responses to submittals made by the Subcontractor in accordance with Section 4.1 and Article 5. As soon as practicable after execution of this Init. AIA Document A401 TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Archltects. Aff rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 2 / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/08/2008 under Order No.1000333288 3 which expires on 121612008, and is not for resale. User Notes: - (1680047541) Agreement, the Contractor shall provide the Subcontractor copies of the Contractor's construction schedule and schedule of submittals, together with such additional scheduling details as will enable the Subcontractor to plan and perform the Subcontractor's Work properly. The Subcontractor shall be notified promptly of subsequent changes in the construction and submittal schedules and additional scheduling details. § 3.12 The Contractor shall provide suitable areas for storage of the Subcontractor's materials and equipment during the course of the Work. Additional costs to the Subcontractor resulting from relocation of such facilities at the direction of the Contractor, except as previously agreed upon, shall be reimbursed by the Contractor. 1 3.1.3 Except as provided in Article 14, the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion and on mutually satisfactory terms. § 3.2 COMMUNICATIONS 1 3.2.1 The Contractor shall promptly make available to the Subcontractor information, including information received from the Owner, which affects this Subcontract and which becomes available to the Contractor subsequent to execution of this Subcontract 1322 The Contractor shall not give instructions or orders directly to the Subcontractor's employees or to the Subcontractor's Sub-subcontractors or material suppliers unless such persons are designated as authorized representatives of the Subcontractor. 132.3 The Contractor shall permit the Subcontractor to request directly from the Architect information regarding the percentages of completion and the amount certified on account of Work done by the Subcontractor. 1 3.2.4 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Contractor, a subcontractor or anyone directly or indirectly employed by them (other than the Subcontractor), the Contractor shall, prior to harmful exposure of the Subcontractor's employees to such substance, give written notice of the chemical composition thereof to the Subcontractor in sufficient detail and time to permit the Subcontractor's compliance with such laws. § 3.2.5 The Subcontractor hereby expressly waives, releases and relinquishes any and all rights to maintain, or to have filed or maintained, any mechanic's lien or claim against the aforesaid Project, or any part thereof, or any building or buildings thereon, for or on account of any work, labor, and materials performed or furnished under this Agreement by or through the Subcontractor,' QU*kg m - ditional °- - and agrees that no such lien or claim shall be so filed or maintained by or through the Subcontractor, or by any person claiming a lien for any work performed or materials furnished through the Subcontractor for any work to be performed hereunder. The Subcontractor further agrees to save the Contractor harmless from any costs, losses or other damages, including any damages incurred to enforce the terms of this agreement, from any lien or claim for liens against the aforesaid project or any part thereof, by the Subcontractor, or any persons providing any labor or materials to the Project through the Subcontractor. In addition to any other remedies provided for at law or equity, in the event any such lien(s) is filed against the Project, the Contractor shall be entitled to deduct from any amounts due the Subcontractor hereunder an amount sufficient to indemnify the Contractor for any such costs, losses, or damages to be indemnified hereunder. § 3.2.6 If the Contractor asserts or defends a claim against the Owner which relates to the Work of the Subcontractor, the Contractor shall make available to the Subcontractor information relating to that portion of the claim which relates to the Work of the Subcontractor. § 3.3 CLAIMS BY THE CONTRACTOR § 3.3.1 Liquidated damages for delay, if provided for in Section 9.3 of this Agreement, shall be assessed against the Subcontractor only to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising outside the scope of this Subcontract. § 3.3.2 The Contractor's claims for services or materials provided the Subcontractor shall require: .1 Seven days' prior written notice except in an emergency; .2 written compilations to the Subcontractor of services and materials provided and charges for such services and materials no later than the fifteenth day of the following month. Init. AIA Document A4011"11-1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the J maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/08/2008 under Order No.1000333288_3 which expires on 12/6/2008, and is not for resale. User Notes: (1680047541) § 3.4 CONTRACTOR'S REMEDIES § 3.4.1 If the Subcontractor defaults or neglects to cant' out the Work in accordance with this Agreement and fails within three working days after receipt of written notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, after three days following receipt by the Subcontractor of an additional written notice, and without prejudice to any other remedy the Contractor may have, make good such deficiencies and may deduct the reasonable cost hereof from the payments then or thereafter due the Subcontractor. ARTICLE 4 SUBCONTRACTOR § 4.1 EXECUTION AND PROGRESS OF THE WORK § 4.1.1 The Subcontractor shall supervise and direct the Subcontractor's Work, and shall cooperate with the Contractor in scheduling and performing the Subcontractor's Work to avoid conflict, delay in or interference with the Work of the Contractor, other subcontractors or Owner's own forces. The Subcontractor shall familiarize itself with the Contractor's schedule for the work. Within 7 days of receiving award of a subcontract from the Contractor, the Subcontractor shall submit to the Contractor its proposed schedule for performing its work for approval by the Contractor. Approval of the Subcontractor's schedule shall not be unreasonably withheld by the Contractor. The Subcontractor's proposed schedule shall, among other things, demonstrate: a. how its work shall be performed and completed within the overall schedule of the Contractor; b. the time required to prepare and approve shop drawings; c. time required to fabricate and deliver materials and equipment; d. the time required to install the work; e. on a weekly basis, the number of employees, supervisors, crews and other sub-subcontractors who will perform the work. The Subcontractor shall also within 7 days of receiving award of a subcontract furnish to the Contractor a list of all major materials and equipment required for its work, including expected delivery dates to the Project site. 14.11 The Subcontractor shall promptly submit Shop Drawings, Product Data, Samples and similar submittals required by the Subcontract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Contractor or other subcontractors. All such submittals must be submitted in enough time by the Subcontractor to allow review by the Contractor and :or possible revisions and resubmission for approval within the approved contract schedule. in awj3W with the con , t The only permitted changes to the work shall be those changes approved by an appropriate change order issued under these Subcontract Documents. § 4.1.3 The Subcontractor shall submit to the Contractor a schedule of values allocated to the various parts of the Work of this Subcontract, aggregating the Subcontract Sum, made out in such detail as the Contractor and Subcontractor may agree upon or as required by the Owner or as otherwise provided for in the Subcontract Documents, and supported by such evidence as the Contractor may require. In applying for payment, the Subcontractor shall submit statements based upon this schedule. § 4.1.4 The Subcontractor shall furnish to the Contractor periodic updates to its approved schedule and progress reports on the Work of this Subcontract no less than weekly, or as mutually agreed upon between the parties, including information on the status of materials and equipment which may be in the course of preparation, manufacture or transit. § 4.1.5 The Subcontractor agrees that the Contractor and the Architect will each have the authority to reject Work of the Subcontractor which does not conform to the Prime Contract. The Architect's decisions on matters relating to aesthetic effect shall be final and binding on the Subcontractor if consi tent with the intent expressed in the Prime Contract. qnd ?t'r A. 2g, 6rf4 t'l .my,,, takes the position that the GChas Obtained pre- i 95t if the Contractor receives a retaiuage reduction, the of authorization from the pwnerfor any change order Prote 4 n of it Subcontractor will also receive the same reduction the work they authozize Myers to execute. and guarantee ed by percentage within 45 days ofsaid reduction. Ua i1llt Ores payment for such changes. yvkj _ t, 111-.4194, § 4.1.6 The Subcontractor shall pay for all materials, equipment and labor used in connection with the performance of this Subcontract through the period covered by previous payments received from the Contractor, and shall furnish satisfactory evidence, when requested by the Contractor, to verify compliance with the above requirements. 1 4.1.7 The Subcontractor shall take necessary precautions to protect properly the Work of other subcontractors from damage caused by operations under this Subcontract. 1 4.1.8 The Subcontractor shall cooperate with the Contractor, other subcontractors and the Owner's own forces whose Work might interfere with the Subcontractor's Work. The Subcontractor shall participate in the preparation of coordinated drawings in areas of congestion, if required by the Prime Contract, specifically noting and advising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor, other subcontractors or the Owner's own forces. 14.1.9 The Subcontractor shall not erect any advertisement or signage of any type on the Project site without the judteti consent of the Contractor, which consent shall be within the sole discretion of the Contractor. I - #,?, § 42 LAWS, PERMITS, FEES AND NOTICES all 1411 The Subcontractor shall give notices and comply wi aws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Work of this S contract. The Subcontractor shall secure and pay for pezwits and governmental fees, licenses and iospewiiiiiiiii necessary for proper execution and completion of the `114 g Subcontractor's Work, the furnishing of which is required of the Contractor by the Prime Contract. 66 1 4.2.2 The Subcontractor shall comply with Federal, state and local tax laws, social security acts, unemployment compensation acts and workers' compensation acts insofar as applicable to the performance of this Subcontract. 14.3 SAFETY PRECAUTIONS AND PROCEDURES § 4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, and shall comply with safety measures initiated by the Contractor and with any applicable Federal, State and local safety laws, ordinances, rules, regulations and other orders of public authorities for the safety of persons and property in accordance with the requirements of the Prime Contract. The Subcontractor shall report to the Contractor within three days an injury to an employee or agent of the Subcontractor which occurred at the site. 1 4.3.2 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor's Sub-subcontractors or anyone directly or indirectly employed by them, the Subcontractor shall, prior to harmful exposure of any employees on the site to such substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with such laws by the Contractor, other subcontractors and other employers on the site. 1 4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor's Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor. The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor's reasonable additional costs of demobilization, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of this Agreement. § 4.3.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor's Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 4.3.3 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. AIA Document A4017O -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/0812008 under Order No.1000333288 3 which expires on 1216/2008, and is not for resale., User Notes: (1880047541) § 4.4 CLEANING UP § 4.4.1 The Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract. The Subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors. § 4.41 As provided under Section 3.3.2, if the Subcontractor fails to clean up as provided in the Subcontract Documents, the Contractor may charge the Subcontractor for the Subcontractor's appropriate share of cleanup costs. § 4.5 WARRANTY § 4.5.1 The Subcontractor warrants to the Owner, Architect and Contractor that materials and equipment furnished under this Subcontract will be of good quality and new unless otherwise required or permitted by the Subcontract Documents, that the Work of this Subcontract will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Subcontract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Subcontractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Subcontractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Subcontract Documents. § 4.6 INDEMNIFICATION § 4.6.1 To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Contractor, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, fines, penalties, and/or expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent actbythem missions of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed or anyone fo whose acts they may be liable, , r. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 4.6. § 4.61 In claims against any person or entity indemnified under this Section 4.6 by an employee of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 4.6.1 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor or the Subcontractor's Sub-subcontractors under workers' compensation acts, disability benefit acts or other employee benefit acts. § 4.7 REMEDIES FOR NONPAYMENT § 4.7.1 If the Contractor does not pay the Subcontractor through no fault of the Subcontractor, within seven days from the time payment should be made as provided in this Agreement, the Subcontractor may, without prejudice to any other available remedies, upon seven additional days' written notice to the Contractor, stop the Work of this Subcontract until payment of the amount owing has been received. The Subcontract Sum shall, by appropriate adjustment, be increased by the amount of the Subcontractor's reasonable costs of demobilization, delgy and remobilization. rvly / p911 j a8 ARTICLE 5 CHANGES IN THE WORK § 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent with the changes made by the Modifications to the Prime Contract. § 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for AIA Document A401 TM -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, - 963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/08/2008 under Order No.1000333288_3 which expires on 12/6/2008, and is not for resale. User Notes: (1680047541) adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. § 5.3 The Subcontractor shall make all claims promptly to the Contractor for additional cost, extensions of time and damages for delays or other causes in accordance with the Subcontract Documents. A claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be made in sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor's claim must be made. Failure of the Subcontractor to make such a timely claim shall bind the Subcontractor to the same consequences as those to which the Contractor is bound. ARTICLE 6 MEDIATION (Paragraph deleted) ?? I fl $ § 8.1 MEDIATION t § 6.1.1 Any claim arising out of or related to this Subcontract, except claims as othe ' e provided in Section 4.1.5 and except those waived in this Subcontract, shall be subject to mediation at the discretion of the Contractor as a condition precedent to the institution of legal or equitable proceedings by either party. § 6.1.2 If elected by the Contractor, the parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall not be filed with the Amer_can Arbitration Association, but shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. 1 6.1.3 If mediation is chosen by the Contractor, the parties shall agree on the selection of a mediator. The parties shall share the mediator's fee and any associated costs equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. In the event the parties cannot agree on a mediator within a reasonable time, then either party shall have the right to proceed to pursue their claims as otherwise provided for at law or equity. 16.1.4 In the event claims cannot be resolved through mediation, then any claim filed must be litigated in the Court of Common Pleas of Dauphin County, Pennsylvania, or in the United States District Court for the Middle District of Pennsylvania. § 6.2 ARBITRATION § 6.2.1 There shall be no right to arbitration under these Subcontract Documents. (Paragraphs deleted) ARTICLE 7 TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT § 7.1 TERMINATION BY THE SUBCONTRACTOR § 7.1.1 The Subcontractor may terminate the Subcontract for the same reasons and under the same circumstances and procedures with respect to the Contractor as the Contractor may terminate with respect to the Owner under the Prime Contract, or for nonpayment of amounts due under this Subcontract for 60 days or longer. In the event of such termination by the Subcontractor for any reason which is not the fault of the Subcontractor, Sub-subcontractors or their agents or employees or other persons performing portions of the Work under contract with the Subcontractor, the Subcontractor shall be entitled to recover from the Contractor pkvmcnt for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. § 7.2 TERMINATION BY THE CONTRACTOR § 7.2.1 If the Subcontractor persistently or repeatedly fails or neglects to carry out the Work in accordance with the Subcontract Documents or otherwise to perform in accordance with this Subcontract and fails within seven days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, after seven days following receipt by the Subcontractor of an additional written notice and without prejudice to any other remedy the Contractor _nay have, terminate the Subcontract and finish the Subcontractor's Work by whatever method the Contractor may deem expedient. If the unpaid balance of the Subcontract Sum exceeds the expense of finishing the Subcontractor's Work and other damages incurred by the AIA Document A401 Tu -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved, WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA• Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA soitware at 10:37:07 on 08/0812008 under Order No.1000333288 3 which expires on 121612008, and is not for resale. User Notes: (1680047541) Contractor and not expressly waived, such excess shall be paid to the Subcontractor. If such expense and damages exceed such unpaid balance, the Subcontractor shall pay the difference to the Contractor. 1 7.2.2 If the Owner terminates the Contract for the Owner's convenience, the Contractor shall deliver written notice to the Subcontractor. § 7.23 Upon receipt of written notice of termination, the Subcontractor shall: .1 cease operations as directed by the Contractor in the notice; .2 take actions necessary, or that the Contractor may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Sub-subcontracts and purchase orders and enter into no further Sub-subcontracts and purchase orders. § 7.2.4 In case of such termination for the Owner's convenience, the Subcontractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. § 7.3 SUSPENSION BY THE CONTRACTOR FOR CONVENIENCE § 711 The Contractor may, without cause, order the Subcontractor in writing to suspend, delay or interrupt the Work of this Subcontract in whole or in part for such period of time as the Contractor may determine. In the event of suspension ordered by the Contractor, the Subcontractor shall be entitled to an equitable adjustment of the Subcontract Time and Subcontract Sum 1 7.3.2 An adjustment shall be made for increases in the Subcontract Time and Subcontract Sum, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: 1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Subcontractor is responsible, § 7.4 ASSIGNMENT OF THE SUBCONTRACT § 7AA In the event of termination of the Prime Contract by the Owner, the Contractor may assign this Subcontract to the Owner, with the Owner's agreement, subject to the provisions of the Prime Contract and to the prior rights of the surety, if any, obligated under bonds relating to the Prime Contract. In such event, the Owner shall assume the Contractor's rights and obligations under the Subcontract Docum.-nts. If the Work of the Prime Contract has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. 1 7.4.2 The Subcontractor shall not assign the Work of this Subcontract without the written consent of the Contractor, nor subcontract the whole of this Subcontract without the written consent of the Contractor, nor further subcontract portions of this Subcontract without written notification to the Contractor when such notification is requested by the Contractor. ARTICLE 8 THE WORK OF THIS SUBCONTRACT. § 8.1 The Subcontractor shall execute the following portion of the Work described in the Subcontract Documents, including all labor, materials, equipment, services and other items required to complete such portion of the Work, except to the extent specifically indicated in the Subcontract Documents to be the responsibility of others. (Insert a precise description of the Work of this Subcontract, referring where appropriate to numbers of Drawings, sections of Specifications and pages of Addenda, Modifications and accepted Alternates.) Steel joist, Metal Deck and Miscellaneous Steel as Referenced in the Subcontractors Scope of Work ARTICLE 9 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 9.1 The Subcontractor's date of commencement is the date from which the Contract Time of Section 9.3 is measured; it shall be the date of this Agreement, as first written a':)ove, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Contractor. Init. AIA Document A401 °A -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/082008 under Order No.1000333288_3 which expires on 12/62008, and is not for resale. User Notes: (1680047541) (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) September 12, 2008 § 9.2 Unless the date of commencement is established by a notice to proceed issued by the Contractor, or the Contractor has commenced visible Work at the site under the Prime Contract, the Subcontractor shall notify the Contractor in writing not less than five days before commencing the Subcontractor's Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 9.3 The Work of this Subcontract shall be substantially completed ? OR))1 d (Insert the calendar date or number of calendar days after the Subcontractor's date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Subcontractor's Work, if not stated elsewhere in the Subcontract Documents.) Portion of Work Steel joist, Metal Deck and Miscellaneous Steel 8- I I Zq-208 , subject to adjustments of this Subcontract Time as provided in Cie Subcontract Documents. 1"%' I p$ (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) 091 1 N/A 19.4 With respect to the obligations of both the Contractor and the Subcontractor, time is of the essence of this Subcontract. 19.5 e ARTICLE 10 SUBCONTRACT SUM mc(, ?J?? 110.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Of, Sum of Ninety Thousand Seven Hundred Thirty-Four and 00/100 ($90,734.00), subject to additions and deductions t as provided in the Subcontract Documents. tom, § 10.2 The Subcontract Sum is based upon the following alternates, if any, which are described in the Subcontract Documents and have been accepted by the Owner and the Contractor: (Insert the numbers or other identification of accepted alternates.) N/A 110.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) N/A ARTICLE 11 PROGRESS PAYMENTS 111.1 Based upon applications for payment submitted to the Contractor by the Subcontractor, corresponding to applications for payment submitted by the Contractor to the Architect, and certificates for payment issued by the Architect, the Contractor shall make progress payments on account of the Subcontract Sum to the Subcontractor as provided below and elsewhere in the Subcontract Documents. Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor and Subcontractor for Work properly performed by their contractors and suppliers shall be held by the Contractor and Subcontractor for those contractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor or Subcontractor for which payment was made to the Contractor by the Owner or to the Subcontractor by the Contractor, as applicable. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor or Subcontractor, shall create any fiduciary liability or tort liability on the AIA Document A401Tu -1997. Copyright ©1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of tntt. Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This.documentwasnredurad->-tee ?y----?? °? -? -----. under Order No.1 0003332883 which expires on 1216/2008, and is not for resale. User Notes: 'Drawings are not back from approval as of 09-11-200. Q CTvrr rJt p (1680047541) 41 .g,ob part of the Contractor or Subcontractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor or Subcontractor for breach of the requirements of this provision. Iw Init. 111.1.1 The Subcontractor further represents and warrants that upon submittal of an application for payment to the Contractor that all work for which applications for payment have been-previously submitted and payments received shall be free and clear of liens, claims, security interests or encumbrances in favor of the Subcontractor, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work, The Subcontractor further shall provide to the Contractor such partial lien releases, in a form to be provided by the Contractor, with each application for payment for any persons providing any labor or materials to the Project through the Subcontractor for which payment is sought under an application for payment. 111.2 The period covered by each application for payment shall be one calendar month ending on the last day of the month, or as follows: Due in Contractor's office no later than the 25'" day of each month, Attachment C - Vendor's Request for Payment and Attachment D - Cost Breakdown/Schedule of Values and At-achment E - Partial Waiver of Lien are to be completed and submitted as Application for Payment § 11.3 Provided an application for payment is received by the Contractor not later than the 25th day of a month, ? J Contractor shall include the Subcontractor's Work covered by that application in the next application for paymentita? which the Contractor is entitled to submit to the Architect. The Contractor shall pay the Subcontractor each progress payment within three working days after the Contractor receives payment from the Owner. 111.4 If an application for payment is received by the Contractor after the application date fixed above, the Subcontractor's Work covered by it shall be included by the Contractor in the next application for payment submitted to the Architect. § 11.5 Each application for payment shall be based upon the most recent schedule of values submitted by the Subcontractor in accordance with the Subcontract Documents. The schedule of values shall allocate the entire Subcontract Sum among the various portions of the Subcontractor's Work and be prepared in such form and supported by such data to substantiate its accuracy as the Contractor may require. This schedule, unless objected to by the Contractor, shall be used as a basis for reviewing the Subcontractor's applications for payment. § 11.6 Applications for payment submitted by the Subcontractor shall indicate the percentage of completion of each portion of the Subcontractor's Work as of the end of the period covered by the application for payment. § 11.7 Subject to the provisions of the Subcontract Documents, the amount of each progress payment shall be computed as follows: § 11.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion of the Subcontractor's Work in the schedule of values, less that percentage actually retained, if any, from payments to the Contractor on account of the Work of the Subcontractor. Pending final determination of cost to the Contractor of changes in the Work which have been properly authorized by the Contractor, amounts not in dispute shall be included to the same extent provided in the Prime Contract, even though the Subcontract Sum has not yet been adjusted; - gjoww; 6 i I i i? -f fem. -Wnr4L- 111.72 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site by the Subcontractor for subsequent incorporation in the Subcontractor's Work or, if approved by the Contractor, suitably stored off the site at a location agreed upon ir_ writing, less the same percentage retainage required by the Prune Contract to be applied to such materials and equipment in the Contractor's application for payment; § 11.7.3 Subtract the aggregate of previous payments made by the Contractor; and Sbop Drawings must be returned from the review process witbin 10 working days from the dare of receipt, per AISC standards Any additional time needed for the review process, will result in material increases, due to volatile market fluctuations. Rrclnurrj S-11.40 Jal••t 2?tiw?P 9'?'oa 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of ad by U.S. Copyright Law and International Treaties. Unauthorized 10 may result in severe civil and criminal penalties, and will be prosecuted to the IA sot ware at 10:37:07 on 08/08/2008 under Order No.1000333288_3 which expires User Notes: (1680047541) 0;111108 § 11.7.4 Subtract amounts, if any, calculated under Section 11.7.1 or 11.7.2 which are related to Work of the v Subcontractor for which the Architect has withheld . _or nullified; in whole or in part, a certifi ate of payment for a cause which is the fault of the S ubco tractor Wei i9?7 r," ce M o- 'SG c Ssww Z&4 f7r CfG? WAi.4 30h,15 a.( -tpu. ot-/lia1?0- /, t'c ???? ,ow,?,?,?,- § 11A Upon the partial or entire disapproval by the Contracttt of t time S"uKbon6t:torpp2cat1 Poi pay/ fi? 4 the Contractor shall provide written notice to the Subcontractor. When the basis for the disapproval has been remedied, the Subcontractor shall be paid the amounts withheld. § 11.9 SUBSTANTIAL COMPLETION § 11.9.1 When the Subcontractor's Work or a designated portion ;hereof is substantially complete and in accordance with the requirements of the Prime Contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for such Work. Within fit days following issuance by the Architect of the certificate for payment covering such substantially completed Work, the Contractor shall, to the full extent allowed in the Prime Contract, make payment to the Subcontractor, c fnr thr QAr,.nntrartnr? ?v rk L &MbOXIN"leied of earreeig"y the . Such payment to the Subcontractor shall be the entire unpaid balance of the Subcontract Sum if a full release of retainage is allowed under the Prime Contract for the Subcontractor's Work prior to the completion of the entire Project, If the Prime Contract does not allow for a full release of retainage, then such payment shall be an amount which, when added to previous payments to the Subcontractor, wall reduce the retainage on the Subcontractor's substantially completed Work to the same percentage of retainage as that on the Contractor's Work covered by the certificate. ARTICLE 12 FINAL PAYMENT 112.11 Final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by the Contractor to the Subcontractor when the Subcontractor's Work is fully performed in accordance with the requirements of the Subcontract Documents, the Architect has issued a certificate for payment covering the Subcontractor's completed Work and the Contractor has received payment from the Owner. If, for any cause which is not the fault of the Subcontractor, a certificate for payment is not issued or the Contractor does not receive timely payment or does not pay the Subcontractor within three w a s fter receipt of payment from the Owner, final payment to the Subcontractor shall be made within a to the Subcontractor. (Insert provisions for earlier final payment to the Subcontractor, if applicable.) ft Qll? -t a? Attachment F - Final Release of lien, fully executed, to be submitted to Contractor at the time of final payment. No Final payments shall be released until applicable O&M manuals, as-built drawings, certificates and inX=aiaafi are received and approved by Owner. § 12.2 Before issuance of the final payment, the Subcontractor shall submit evidence satisfactory to the Contractor and on a form satisfactory to the Contractor that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Subcontractor's Work have been satisfied, except for that Work covered by the Subcontractor's final application for payment for which the Subcontractor further represents and warrants will be promptly paidifor as provided for under these Subcontract Documents upon receipt of final payment as provided for hereunder. droll'' -.FA 1 OW(LQ!_5 CE ARTICLE 13 INSURANCE AND BONDS 113.1 The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability: Type of insurance Limits of liability ($ 0.00) See Attachment G - Certificate of Insurance 1132 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Subcontractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Subcontractor. § 13.3 Certificates of insurance acceptable to the Contractor shall be filed with the Contractor prior to commencement of the Subcontractor's Work. These certificates and the insurance policies required by this Article 13 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' Init. AIA Document A401TM -1997. Copyright ®1915, 1925, 1937, 1!351,1958,1961,1363,1966,1967,1972,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/08/2008 under Order No.1000333286 3 which expires on 121612008, and is not for resale. User Notes: (1680047541) prior written notice has been given to the Contractor. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment as required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Subcontractor with reasonable promptness according to the Subcontractor's information and belief. §13.3.1 No payments shall be owing or made to the Subcontractor prior to the receipt and acceptance of a Certificate of Insurance fully compliant with the terms of this Agreement. 113.4 The Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor under the Prime Contract. 113.5 The Contractor shall promptly, upon request of the Subcontractor, furnish a copy or permit a copy to be made of any bond covering payment of obligations arising under the Subcontract. 113.6 Performance Bond and Payment Bond: (If the Subcontractor is to furnish bonds, insert the specific requirements here.) Bond type Bond amount ($ 0.00) Bond delivery date Bond form NIA § 13.7 PROPERTY INSURANCE § 13.7.1 When requested in writing, the Contractor shall provide the Subcontractor with copies of the property and equipment policies in effect for the Project. The Contractor shall notify the Subcontractor if the required property insurance policies are not in effect. § 13.72 If the required property insurance is not in effect for the full value of the Subcontractor's Work, then the Subcontractor shall purchase insurance for the value of the Subcontractor's Work, and the Subcontractor shall be reimbursed for the cost of the insurance by an adjustment in the S ubcontract Sum. § 13.7.3 Property insurance for the Subcontractor's materials and equipment required for the Subcontractor's Work, stored off site or in transit and not covered by the Project property insurance, shall be paid for through the application for payment process. § 13.6 WAIVERS OF SUBROGATION § 13.8.1 The Contractor and Subcontractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Owner, the Architect, the Architect's consultants, separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance provided under the Prime Contract or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as a fiduciary. The Subcontractor shall require of the Subcontractor's Sub-subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of the parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ARTICLE 14 TEMPORARY FACILITIES AND WORKING CONDITIONS J 14.1 The Contractor shall furnish and make available to the Subcontractor the following temporary facilities, equipment and services; these ph.al1 be furpished at no cost to the Subcontractor unless otherwise indicated below: Su4tobLe [A Y clown A t 0- Tempponvy Facility, Equipment or Service Cost, if any ($ 0.00) I' O? N/A § 14.2 Specific working conditions: (Insert any applicable arrangements concerning working conditions and labor matters for the Project.) Init. N'A uucumenr Arui -- - 1 vvr. copyngnt ®1915, 1925, 1937, 1951, 1958, 1961, 1-)63,1966,1967,1972,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 2 / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/0842008 under Order No. 10003332883 which expires on 12/6/2008, and is not for resale. - User Notes: (1680047541) The Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs to comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury and loss. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is trade in this Subcontract to a provision of another Subcontract Document, the reference refers to that provision as amended or supplemented by other provisions of the Subcontract Documents. 115.2 Payments due and unpaid under this Subcontract shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) lva, plum > -ddcom#%A. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's, Contractor's and Subcontractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision: Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 115.3 Retainage and any reduction thereto are as follows: 1 10% 115.4 The Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Subcontract, J111 l 49 ARTICLE 16 ENUMERATION OF SUBCONTRACT DOCUMENTS 116.1 The Subcontract Documents, except for Modifications issued after execution of this Subcontract, are those identified under Section 1.1 and 1.2 hereunder. (Paragraphs deleted) § 16.13 The following Modifications to the Prime Contract, if any, issued subsequent to the execution of the Owner-Contractor Agreement but prior to the execution of this Agreement: Modification Date § 16.1.4 Other Documents, if any, forming part of the Subcontract Documents are as follows: (List any additional documents that are intended to form part of the Subcontract Documents. Requests forproposal and the Subcontractor's bid or proposal should be listed here only if intended to be part of the Subcontract Documents.) Attachment A - Scope of Work Attachment B - Drawing Log Attachment C - Vendor's Request for Payment (form) Attachment D - Breakdown of Costs/Schedule of Values (form) Attachment E - Partial Waiver (form) Attachment F - Final Release (sample form) n&*i-inc-A440-1:21 Attachment G - Insurance Certificate/Requirements (sample form) nall" %aolWU` - Exhibit A - Myers Welding Fabrication dated July 23, 2008 Exhibit B - Subcontractor's Vendor/Subcontractor Identification List AIA Document A401 Tv -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treatise. Unauthorized 13 reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 08/08/2008 under Order No.1000333288_3 which expires on 1216/2008, and is not for resale. User Notes: (1680047541) This Agreement entered into as of the day and yearfirst wittedabove. j A.:,& "4= 1l ,P . r C CTOR (Signature) S NT CTO i nature) Michael A. Sola, Vice President UP 9--2=9 (Printed name and title) v'l117l08 (Printed name an title) Init. AIA Document A401 TM -1987. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 14 / maximum extent possible under the law. This document was produced by AIA software at 10:37:07 on 06108/2008 under Order No. 10003332883 which expires on 12162008, and is not for resale. User Notes: - (1680047541) Sutliff Cadillac htmcAm?*? A STEEL JOISTS & METAL DECK SCOPE OF WORK Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required for work associated with Steel Joists and Metal Deck for this project in accordance with the Drawings and Specifications and all applicable codes. The majority of the Scope of Work is described below; however, the Subcontractor shall be responsible for all Contract Documents to the extent they apply to this work or require coordination or information from this Subcontractor) pCr t'fISC SrfrP Q o,l E This Scope of Work includes, but is.;et limited to the following: 1. Generally, the work will consist of performing all Steel Joists, Steel Angle, Steel Plate with Anchor Studs, Steel Horizontal Bracing, Reinforcing Rod and Metal Decking work as described on the Drawings and as required to provide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools, equipment and materials necessary to properly perform the work. ubiwin`--_`__ k8 #ieldvrifv ??- ?i 1XI811902le 'I shall be their some esponsIbIll MIS Flillq'49109114. 'rw 2. Work will be performed in accordance with the Construction Schedule; however, not all work can be performed simultaneously or uninterrupted. Manpower and materials must be scheduled ?? accordingly. ,d11 3. Coordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this Subcontractor or any trade do not occur. 4. Subcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and / or replacement of same, if such damage occurs. 5. Steel Work and Metal Deck work generally includes the following per plans dated June 3,2008: A. Fabricate and erect: 1) Thirty Seven (37) 28 K 12 Joist with extended bottom cord. (See drawing Section #2) 2) Extended bottom cords shall be field welded to installed continuous bent plate steel installed by this subcontractor. Each angle section shall be drilled 32" on center sized to allow for the installation of a %" expansion anchor and installed as noted on plans. 3) Primed (primer shall be gray) steel where required. 4) Associated bracing and angle supports. 5) Structural steel fasteners 6) Structural beams and columns as noted on plans 7) Masonry embedded anchor bolts and leveling plates for structural steel columns 8) Masonry embedded joist and beam bearing plate • 9) Ten (10) primed steel angle lintels for window and doors 0) Two (2) primed steel beam w/plate lintels for overhead doors 1 of 2 V Sutliff Cadillac 11) At perimeter of building furnish 6" x 3/8" bearing flat steel plate with anchor studs for installation by others. 12) Bent plate steel and continuous angles at building edges and perimeters, 13) Ledger angle for decking at perimeter of new structure. 14) Shear plates; moment connections. 15) Steel bridging (See drawing Section #3) primed as specified 16) Steel 1 Y2"20 Gauge metal roof decking and attachment as specked; prime painted where indicated. Ig W 01?i 11 01; 17) Steel 3" Lok floor,,*Gauge metal composite deck as specified on drawin SH #S-2 Section 1.1 - Ailwd- `49am r !!? a • '?e1 18) Supply and install s/4' Reinforcing Rods at top and bottom of existing beam on both sides as noted on Detail A. Weld in a continuous and interrupted bead entire length of each reinforcing rod. 19) Eleven (11) Primed Steel 4" Bollards as noted on plans 20) Primed steel stairs and concrete pans in lieu of open treads 21) Primed steel stair railings as noted on plans 22) Primed steel guardrails at mezzanine at parts storage A 6. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Jobsite Superintendent. 7. Subcontractor will not be responsible for permits, but will be responsible for adhering to all applicable Township requirements. 8. Temporary electric service will be available in the facility; however, Subcontractor must supply own means of accessing power (i.e. extension cords, etc.). Should this not meet the needs of the work, Subcontractor will be responsible to provide own means of power (generators, etc.). 9• tem ora d .7 nevailabl& 0,-., 1111 V & 10. Subcontractor shall perform daily clean-up of own general waste, debris and related items to dumpsters provided by others. 11. Subcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set forth by OSHA and Contractor. 12. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc. for the purpose of coordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall provide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor does not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the Subcontractor's expense, to make up for lost time and maintain the Schedule. 2 of 2 ATTACHMENT "B" SUTLIFF CADILLAC - ADDITION 6462 CARLISLE PIKE MECHANICSBURG, PA 17055 PROJECT No. 02-08-3807 NO. TITLE DATE(s) SEE ATTACHED SPECIFICATIONS & DRAWING LOG 0) O J c 3 m U Z a O C7 0 U c 3 U t r m Y 0 b m Z_ z_ z z z C7 z C9 z 0 z 0 z 0 z O z 0 z 0 z 0 z 0 z C7 z C7 z C9 z 0 z _ ? ? m o o m ? ? m o ? m ? ? m o ? m o o m ? ? m o ? m 0 ? m 0 ? m ? ? m D ? m ? o m ? m ? a ? a ? aw. ? m l2 M Ilk M ll l2 at m lk a LL Ll L L? tL m m m m at co e0 ° o co ? 0 0 0 m o w 0 o m T T ?n T u? T i m m " m m m u? 0 0 a 0 T 0 T 0 ? 0 !? 0 T 0 l' 0 T 0 T J co Go OD Go co (0 00 to 00 00 t 9 ` m m tt) m t ti to co to z a z O m w Q z o > a Z g o m ? o ¢ z g ?, Q z z Z w ¢ 3 C7 z O r= Q z W ? W _3 z Z _oJ C9 z x a Eu- W O J D F- - O z U - 0 0 0 2 w ww O O Z w W U U = CO) U W X LL Z s v z w ?m CO oo O LL a W - a - M OJ W - a U9 W) 8 8 to 0 0 8 co Go 0 O O w O to o V z z it a ;t -j _ O J a m ? z O a z w 0 o g a g a w J -J a 0 a 0 CO =)<Z a L) O O O -J O -j =?? a z U. Z O J LL ? O -i LL a Q MWV d ? a wg 0 w ~ D J Q 0 Zw ? w U c0) z0w . F U Wn 0 a s g Q 0 ? g Z? p p a - - ma ? D Z U U w m LL o a¢t i, U N ` A M E 7 T N r M V r r C N M T- N r N IL T N v ?- N M e: to OD Q z t r Q Q r Q r Q @ Q M Q M Q i Q 4 Q IA Q to Q p D A D U D U V r W r W r W r W T W 0 Q 0 W N 0 CD to a co IOZ G1 0 0 0 0 0 (D 0 z z z z z z z z q _ ° 0: It ? cr. W W W W W W v m m a a a a a a Q 12 m lL LZ Lk 12 Q Q U U O J r m m co c O co O CO co O O p O N N N N N N a o 0 0 0 0 ?$ o 0 co 1 0 co co co W co M G ?O co 0 t0 fp t0 tp tp Cp z a z O z O - ? J O z z 0 ED W 2 n Q 0- g a w o o 0: O w O O 1 O Z a O O O o ? U- z z -i LL z 0- N UZ F- 0 ~ F- 0 o M co U U) a U O Z - u A W z o F LL Co d c n t i u i _ F- V O Z 1. `m C O c 00 a o t Lo V M 7 , N r C'j G N M co > z o O r o - o ?- <_ r = r x d E a a s y e- cn M cn f o = d N N O N d co to IL ATTACHMENT "C" VENDOR'S REQUEST FOR PAYMENT NOTE: THIS REQUEST FOR PAYMENT MUST BE RECEIVED IN OUR OFFICE NO LATER THAN THE 25TH OF THE MONTH. ANY REQUEST NOT RECEIVED BY THE 25TH WILL NOT BE INCLUDED IN OUR CURRENT REQUISITION TO THE OWNER, WHICH WILL DELAY PAYMENT OF YOUR REQUEST FOR A MINIMUM OF SDCTY (60) DAYS. PAYMENT WILL BE MADE SUBSEQUENT TO OUR RECEIPT OF PAYMENT FROM THE OWNER IN ACCORDANCE WrM THE TERMS OUTLINED UNDER ARTICLES 11 AND 12 IN THE SUBCONTRACT. MASS Construction Group, Inc. Contract No: 02-08-3807-01 Post Office Box 126337 Contract Date: 01/30/08 Project No: 02-08-3807 Harrisburg, PA 17112-6337 Phase Code-Type: 05-000010-S Commitment No: 2258 TO: Myers Welding & Fabrication 10 Big oak Road Dillsburg, PA 17019 717-502-7473 Fax: 717-508-8080 PROJECT: Sutliff Enterprises, Inc. Sutliff Cadillac - Addition 6462 Carlisle Pike, Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Invoice Date Original Contract Amount . Approved Change Orders . Invoice Number (NOTE: Attach copy of Your Invoice) App/Draw # Iqd 1/ 1 '13,1 $ -90.7348% Revised Contract Amount (Original Contract Plus Approved Change Orders) . . $ Total Complete and Stored to Date (Attachment D-Total of Column G) . . . . $ Less Gross Amount Previously Billed (Attachment D-Total of Column D) . . . . $ Gross Amount Due This Invoice (Attachment D-Total of Columns E + F) . . . . $ Less 10% Retainage This Invoice (10% of Gross Amount Due This Invoice). $ (Note: Total Retainage to Date $ (Attachment D-Total of Column 1) AMOUNT DUE THIS INVOICE (Gross Amount Due Less 10% Retention) . . . . $ Include Partial Lien & Claim Waiver (Attachment E) using amount due this Invoice. (Do not send a separate invoice for retention as the retention will be entered in our system with this invoice.) SUBCONTRACTOR'S CHECKLIST - Invoices will not be processed without the followintl and will be returned fob correction: Current Insurance Certificate must be received prior to billing Signed Subcontract must be n 0 M GO O N O z 'o a A E W U H H d O c? ?v 3 O H U d 0 U O A d U' Q Q w a? E-+ U ti O a C ' ?a a Q 0 Q a O ? z ? acv o A ? a ? 0 ? ? v as H?Fw 0 rr a O,WjEgW E.,? OA ? U 0 a .. W U H ? ? om W 0 t , 0 r 3a 3 Q p"' a a A 0 00 C ? v z D ? t v! Hz ATTACHMENT "E" - PARTIAL LIEN AND CLAIM WAIVER Myers Welding & Fabrication , ("Subcontractor") heresy acknowledges receipt of payment in the amount of ($ (Use Amount Due This Invoice from Attachment "C") from Mass Construction Group, Incorporated ("Contractor") as the total outstanding amount due, excluding any applicable retainage, for work done and materials supplied to Job # 02-08-3807 Sutliff Cadillac - Addition, 6462 Carlisle Pike, Mechanicsburg, PA 17055 ("Project") for the undersigned's subcontract, dated 07/28/08 with Contractor through (last date of work covered by this partial lien and claim waiver). This Partial Lien and Claim Waiver is furthermore delivered by the Subcontractor conditionally upon the Subcontractor's receipt of payment currently due for work done and materials supplied to said job under said subcontract through (the date stated above), and upon receipt of said payment, this Partial Lien and Claim Waiver shall no longer be conditional, but shall be binding upon the Subcontractor. The Subcontractor states that the current payment is due for work, labor, materials, services and miscellaneous (all of which are hereinafter referred to as "Work Items") supplied to the sa_d Project through the above date and that no additional sum, excluding any applicable retainage, is claimed by the undersigned respecting said Project, except as otherwise specified below (list if any). The Subcontractor states that all persons and firms who supplied Work Items to the Subcontractor in connection with said Project have been fully paid by the Subcontractor for such Work Items through the date of the Subcontractor's prior invoice to Contractor for the Project, and that all such persons and firms shall be paid by Subcontractor for all such Work items completed by them for which payment is received under this Partial Lien and Claim Waiver. In consideration of the payment herewith made, the Subcontractor does fully and finally release and hold harmless MASS Construction Group, Inc. and Sutliff Enterprises, Inc., It's affiliates & subsidiaries through the above date, from any and all claims, liens, or right to claim or lien, for the Work Items arising out of the Project under the aforesaid subcontract and any applicable bond, law or statute. Myers Welding & Fabrication 10 Big oak Road Dillsburg, PA 17019 By: Title: Authorized Representative STATE OF ) ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 200_. NOTARY PUBLIC My Commission Expires: •JUL-1-2008 12:22 AM P.01 i I i c' V!• n 1v t8 K{, r C. Xi: N 4 .. 1 0 lu ., I I ATTACHMENT "C;" 'VENDOR'S REQUEST FOR PAYMENT (01 N 011 IT I?S RGQUEST FOR VAYMENT MUST 11F RL-.C;IiIVIiI) IN 01)k OF: ICI: NO L.AT'GR TITAN TT11? 24;'TII I)I: T'111i M1)NTII. ANY RI--QI)L'ST NOT RF:CIiIVI-D 13Y T1 IF 25TH WII.I. NU'T BL-' INC'I.lIU1 DIN OUR Cl IRRI:N'I' Rf:Q(J1STI'ION'I'U'r111; OWNER. WHIC I I WILL DGI.AY PAYMENT OF YOUR RHOU[iST FUR A MINIMI IM (•F SIXTY (60) DAYS. PAYMENT 1Ylu. iii: MADE SUBSEQUEN'T' i'O OUR RECEIPT of PAYMEN I' FROM'rHE OWNER IN ACCORDANCE N'IT11 THE:'rCRMS O UTi.i' F:1) UNDER ARTIC:L.FS I I AND 12 1N TIIE SUBC ONIAAC r. F ASS Construction Group. Inc. ost Office Box 126 337 Harrisburg. PA 17112-6337 Contract No: 02-08-190-7-01 CWILract Date: 01/30/08 I'l-G ect No: 0-2-08-3807 Phase (.'ode-'I*vPe: 05-000010-S Commitment No: ?258 TO: Ayers Welding & Fabrication 10 Big oak Road Dillsburg, PA 17019 717-502-7473 Fax: 717-508-8080 Invoice Date_ 10 -IS - e Original Contract Amount Approved Change Orders $ 90.734.00 $ >Q .C?) Revised Contract Amount (Original Contract Plus Approved Change Orders) -31 Complete and Stored to Date Attachrr.ent D-Total of Column G) . ? $ ? 38 'ad , CVj Less Gross Amount Previously Billed (Attachment D-Total of Column D) . . . $ p Gross Amount roue This Invoice (Attachment D-Total of Columns E + F) . . . . $_ 13%a, Q Less 10% Retainage This Invoice (10% of Gross Amo.mt Due This Invoice) . L 9 .ZD L5 - (Note: Total Retainage to Date $ (Attachment D-Total of Column II AMOUNT DUE THIS INVOICE (Gross Amount Due Less 10% Retention) . . . . $ Include Partial Lien & Claim Waiver (Attachment E) usin amx=t due this Invoice. (Do not send a separate invoice for retention as the retention ' be entered in our system with invoice.) SUBCONTRACTOR'S CHECKLIST - invoices will not be processed without the ;=:>liowinq and will be returned for correction: Current Insurance Certificate must be received prior to bfRing Signed Subcontract must be EXHIBIT W J J PROJE'C'T: Sutliff Enterprises, Inc. Sutliff Cadillac - Addition 6402 Carlisle Pike. Mechanicsburg. M 17055 Mechanicsburg, I',1 l7(1_i5 Invoice Number X08 (NOTE: Attach copy of Your Invoice) App/Draw 4 1 ?"t lc? Ltg - AT I'ACHMENT "C;" VENDOR'S :REQUEST FOR PAYMENT COPY NOTE: 1'IiIS RWULS"T FOR PAYMENT MUST 131: REC'I:IVI-D IN OUR OFFICE NO LATER THAN THE 25TH OF THE: MONTH. ANY RI:QIIEST No'r RRCEIVED BY THE 25TH W11.1. NUT BE: INC1.UDED IN OUR CURRF_NT REQUISITION TO THE OWNER, WHICH W11.1. 1)1:I.AY PAYMENT OF YOUR REQUEST FOR A MINIMUM OF SIXTY (60) DAYS. PAYMENT WILT. BE MADE SUBSEQUENT TO OUR RECEIPT OF PAYMENT FROM THE OWNER IN ACCORDANCE. WITH THF; TERMS 0171.INF.D UNDER ARTICLES 1 I AND 12 IN THE SUBCONTRAC-r. MASS Construction Group, Inc. Post Office Box 126337 Harrisburg. PA 17112-6337 C ontract No: 02-08-3807-01 Contract Date: 01/30/08 Project No: 02-08-3807 Phase Code-Type: 05-000010-S Commitment No: 225R TO: Myers Welding & Fabrication H 13ig oak Road Dillsburg, PA 17019 717-502-7473 Fax: 717-508-8080 PROJECT: Sutliff Enterprises, Inc. Sutliff Cadillac - Addition 6462 Carlisle Pike, Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Invoice Date P-11=-1-) 8 Invoice Number_ ? W2?- (NOTE: Attach COPY of Your Invoice) App/Draw # Original Contract Amount . . . . . . . . . . . . . . . . . . . $ N 734 00 Approved Change Orders . . . . . . . . . . . . . . . . . . . $_ i ised Contract Amount (Original Contract Plus Approved Change Orders) t - w tai Complete and Stored to Date (Attachment D-Total of Column G) . . . . Less -Gross Amount Previously Billed (Attachment D-Total of Column D) . Gross Amount Due This Invoice (Attachment D-Total of Columns E + F) . Less 10% Retainage This Invoice (10% of Gross Amount Due This Invoice) . . (Note: Total Retainage to Date y 4Attachment D-Total of Column 1) AMOUNT DUE THIS INVOICE (Gross Amount Due Less 10% Retention) . ?9. 00 $ $ 65a-S, C)n Include Partial Lien & Claim Waiver (Attachment E) using amount due this Invoice. (Do not send a separate invoice for retention as the retention will be entered in our system with this invoice.) SUBCONTRACTOR'S CHECKLIST - Invoices will not be processed without the following and will be returned for correction: Current Insurance Certificate must be received prior to billing Signed Subcontract must be Myers Welding & Fabrication Inc. SO Big Oak Rd D11 sburg, Pa.17019 Phone (717) 502-7473 Fax(717)502-8080 Sold To: Mass Construction Group Inc. PO Box 126337 Harrisburg, PA 17112-6337 Invoice #: N te: Building: Customer PO#: Requested By: Invoice MYERS JOB#: TERM5 DVE DATE I Netet 3? 1 HS /?nnn all accounts past due are subject to a 11/2% Service charge per month. The Customer pays any fees associated with collection ofthese funds. 9122 12/16/2008 ITOW $5,535.00 I A'rTAC:HMENT "C;" VENDOR'S REQUEST FOR PAYMENT NO] Rl:()i1!''.ST FOR PAYMI:N'I' M(!S! BE RECPIVIiI) IN OUR CIFI!CF'%'O I.AI'I-RTIIAN 1111.251!101- HIIt O N I'!I ANY RL??tlESl' NC) I' RF.CIi1Vt:D DY THL iii H WILT. NOl [iE INCLLDI:U IN OUR laiRREN'I REOUISITIUN'I'U rHl: OWNI:It, WHICH WILL DLI.AY PAYMFNI- OF YOUR F.I:QL)GS1 COR A MINIMUM OF SIXTY t60i DAYS P.AYMEN'r WILL BE BLADE SUBSEQUENT -10 OUR RECEIPT OF PAYMENT FROM THE OWNER IN AC'C'ORDANCE WITH THE TERMS O T INEh UNDER ARTICLES I 1 AND 12 IN THE ShBCON110-r. Contract No: (12-08-:807-01 MASS Construction Group, inc. Contract Date: 01'30108 Post Office Box I?63:t7 1'r?:jecl tic:: U2-U8-3807 Harrisburg, PA 17112-6313 7 Phase Code-'I vpe: 05-000010-S Commitment No: 22 5 8 TO: Mvers Welding & Fabrication 10 Big oak Road Dillsburg, PA 17019 717-502-7473 Fax: 717-508-8080 PROJE C-r: Sutliff Enterprises, Inc. Sutliff Cadillac - Addition 0462 Carlisle Pike, Mechan 1 cs burg, PA 17055 Mechanicsburg, PA 17055 Invoice Date 1-oQQ-QQ - Original Contract Amount Approved Change Orders Invoice Number rJ (NOTE: Attach copy of Your Invoice) :app/ ))raw tip _ $ 90.734.00 $_!K11 3.00 F* ised Contract Amount (Original Contract Plus Approved Change Orders) $ 00 Total Complete and Stored to Date (Attachment D-Total of Column G)? $_ 43q 7.00 .-ess Gross Amount Previously Billed (Attachment D-Total of Column D) . $_3_34Y7, op Gross Amount Due This Invoice (Attachment D-Total of Columns E + F) . . . . $ q At4L4,-r (Q Less 10% Retalnage This Invoice (10% of Gross Amount Due This Invoice) $ - (Note: Total Retainage to Date $ ' . /attachment D-Total of Column 1) AMOUNT DUE THIS INVOICE (Gross Amount Due less 10% Retention) . $ include Partial Lien & Claim Waiver r(Attachr? using amount due this Invoice. (Do not send a separate invoice for retention as the n this invoice.) SUBCONTRACTOR'S CHECKLIST - invoices will not be processed without the foliowinu and will be returned foi correction: Current Insurance Certificate must be received prior to wilting Signed Subcontract must be IZetz?i naq? ? 0- NAMES D. BOGAR JAMES D. BOGAR JENNIFER B. HIPP* 'Also admitted to New Jersey Bar ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN, PENNSYLVANIA 17011 e-mail mail®bogarlaw.com August 13, 2009 TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 Direct a-mall Jtdpp®bogarlaw.com VIA CERTIFIED MAIL and FIRST CLASS MAIL Gregory L. Sutliff Sutliff Enterprises, Inc. 802 South 16th Street Harrisburg, PA 17104 Dear Mr. Sutliff: RE: Mass Construction Group, Inc. and addition to Sutliff Cadillac - 6462 Carlisle Pike, Mechanicsburg We represent Myers Welding & Fabrication, Inc. ("Myers"). Myers acted as a subcontractor to Mass Construction Group, Inc., on the addition to the Sutliff Cadillac building located at 6462 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. Mass Construction Group, Inc. has failed to remit payment to Myers in the amount of $16,123.68. Myers performed fabrication and erection of structural and miscellaneous steel at the project location, same being the addition to the Sutliff Cadillac building located at 6462 Carlisle Pike, Mechanicsburg, Pennsylvania. Myers completed its work for the said contract on February 26, 2009. Please accept this correspondence as formal notice of Myers Welding & Fabrication, Inc.'s intention to file a claim pursuant to the Mechanics' Lien Law of 1963. See 49 P.S. § 1101 et seq. Myers is in receipt of your correspondence dated July 27, 2009 acknowledging that Mass Construction Group, Inc. has failed to fully remit payment to its subcontractors. EXHH31T W J 41 J J Q Gregory L. Sutliff August 13, 2009 Page 2 Please contact us should you have any questions regarding this matter. Very truly yours, 1 R B? IgIPP JBH / dmm cc: Myers Welding & Fabrication, Inc., Attn : Lisa S. Myers, Vice President (via e-mail only) Certified Mail No. 7006 0100 0001 0295 8355 x 13 Agent ? Addre B. Received by ( Printed Name) C. Dqg D. Is delivery address dfff n from n l? ? Yes If YES, enter delivery address below: ? No 3. ?wpvlce Type Certified Mail ? Express Mall ? Registered ? Return Rec®ipt for Marchandlse ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. ArticleNumber 7006 0100 0001 0295 8355 (rmnsfer from service labo PS Form 3811; February 2004 Domestic Return Receipt 10259542-M-1540 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on. the reverse so.that we can return the card to you. ¦ Attach this card to. the back of the mailplece, or on the front If space permits. 1. Article Addressed to: ?? U+h ? U1 &ree} 1AOLrrtb6ur9) PC' 1-710V ul Ln CERTIFIED MAIL- RE CEIPT M (Domestic Only; Provided) cc) i b t Er" s For delivery information visit our we "UP 1 e at www.usps.com ° ?I 4 ` ry f . Postage $ a Celled Fee $ $l; y 13 S ° Retum Receipt F ee (Endorsement Required) ° ° Restricted Delivery Fee (Endorsement Required) $F . fill r9 t-, ° Total Postage & Fees "? • 4 ! is (y _ R ..D ° Sent To . /1P or PO Box 0- - Ciy State, ZIP+4 ------°-- S R l i 3800, June 2002 PS Forin ee everse ot 11StrLJCt OnS FILED-CFFiCE QF THE ?'^ r _;nn+C7Y 1009 SEP 17 PM 1:27 14;1 -$19.00 Po ply a3o(o4 (.0 Sheriffs Office of Cumberland County R Thomas Kline ~~!=~C ~' ~ ' i= t7r -, i~ti ~-~ ~ Sheriff -~~ ~': ;;hF~r;~( Ronn R Anderson ~°~`~~~~~ of ~~ ~ iGrrl~~,~ Chief Deputy ` ~~. Jody S Smith I - ;-~ , c~,,, :. Civil Process Sergeant ~~~ ~: -~'~. ~~~R~r~ ~ ,. Edward L Schorpp Solicitor Myers Welding & Fabrication, Inc. vs. Sutliff Enterprises, Inc. Case Number 2009-6256 SHERIFF'S RETURN OF SERVICE 09/17/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sutliff Enterprises, Inc., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Mechanics Lien Claim according to law. 09/23/2009 08:10 AM -Dauphin County Return: And now September 23, 2009 at 0810 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known unto John Hickey, Manager at 802 South 16th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO A WERS September 25, 2009 _ R T OMAS KLINE, SHERIFF Mary Jane Snyder Charles E. Sheaffer Real Estate Depu ; ; Chief Deputy William T. Tully ~ ~ Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MYERS WELDING & FABRICATION INC. VS County of Dauphin SUTLIFF ENTERPRISES INC. Sheriff s Return No. 2009-T-2482 OTHER COUNTY NO. 096256MLD And now: SEPTEMBER 23, 2009 at 8:10:00 AM served the within MECHANICS LIEN CLAIM upon SUTLIFF ENTERPRISES INC. by personally handing to JOHN HICKEY 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 802 SOUTH 16TH STREET HARRISBURG PA 17104 MANAGER So Answers, Sworn and subscribed to before me this 23RD day of September, 2009 ~~,~~~ NOTARIAL SEAL MARY JANE SNYDER, Notary• Public Highspire, Dauphin Count;' M Commission Ex fires Se t 1, 2010 Sheriff of Dauphin County, Pa: By Deputy Sher Deputy: B HUNTER Sheriff s Costs: $41.25 9/22/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW MYERS WELDING & FABRICATION, INC. Plaintiff No. 09-6256 MLD = � c cS �Z w -, mar � vs. n-t rn SUTLIFF ENTERPRISES, INC. �'�. —j C) Defendant PRAECIPE TO STRIKE THE MECHANICS LIEN CLAIM c:,. TO THE PROTHONOTARY: Please Strike the Mechanics Lien Claim, as Plaintiff as failed to commence an action on this claim and the two (2) year statue of limitations has run. Respectfully submitted, TUCKE A BER ,�Re-oe-n& Greecher, .. PA I.D. No. 36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Date: September 1712013 Attorneys for Defendant H BGDB:138727-1 015494-023054 1 CERTIFICATE OF SERVICE AND NOW, this day of , 2013, , for the law firm of , hereby certify that I have this day served the foregoing document, by depositing a time-stamped certified copy of the same via first class mail, addressed as follows: Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, PA 17011 Attorney for Plaintiff Certificate of Service I, Brian W. Mains, Esq. do hereby certify that I have this day served the foregoing Praecipe to Strike Mechanics Lien Claim, on the following via first class mail, addressed as follows: Jennifer B. Hipp, Esq. One West Main Street Shiremanstown, PA 17011 Dated: 9/17/2013 Brian W. Mains, Esq.