HomeMy WebLinkAbout10-0221
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THE a MCWOTARY
2910 JAN -5 Pit 3: 4 4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCT11WEyF,:_. ;-sD C;f,L'NTY
PENNSYLVANIA t?L-:`41,;SyLV„ff'jA,
HENRY ELECTRIC, INC.,
Claimant,
No. 10 - oU I
i:ZFem
C
/NLd
V.
DDRTC CARLISLE COMMONS, LLC
Owners
MECHANICS' LIEN CLAIM
AND NOW, comes Claimant, Henry Electric, Inc., by and through their attorneys
Charles B. Calkins, Esquire and David E. Cook, Esquire, and the Law Offices of
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS and files this claim against
the improvements and property at the Staples Store located at Space #20, 100 Noble
Boulevard, Carlisle, Cumberland County, PA 17013, Tax Parcel Numbers 04-22-0483-
153, 04-22-0483-153A, 04-22-0483-255, ("the Property") for the debt due to claimant
as a subcontractor for labor and materials furnished by Claimant in the erection and
construction of the improvements, and in support makes the following statement:
1. Claimant is Henry Electric, Inc., a Pennsylvania corporation, with a
business address of 3101 Eastern Boulevard, York PA 17402
2. The Owner of the Property is Defendant is DDRTC Carlisle Commons,
LLC, a Delaware Limited Liability Company, with a business address of
3300 Enterprise Parkway, Beachwood, Ohio, 44122 and registered
address in care of The Corporation Trust Company, Corporation Trust
Center, 1209 Orange Street, Wilmington, Delaware, 19801.
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75a 4A
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3. The improvements and the Property which are subject to the claim are a
Staples retail store located at Space #20, 100 Noble Boulevard, Carlisle,
Cumberland County, PA 17013.
4. The Claimant contracted with T.H. Marsh Construction Company, who
contracted directly with the owner of the Property. Accordingly, Claimant
is a subcontractor of T.H. Marsh Construction Company.
5. The labor and materials for which the debt is due were furnished by
Claimant pursuant to a written contract dated January 9, 2009 between
Claimant and T.H. Marsh Construction Company. A copy of the written
contract is attached hereto and incorporated herein and made part hereof
as Exhibit A.
6. The labor and materials furnished by Claimant under this contract
consisted of installation of electrical work and the installation of a fire
alarm system.
7. The materials herein after referred where furnished in and about the
erection and construction of the Staples retail store at Carlisle Commons
Space #20, 100 Noble Boulevard, Carlisle, PA 17013.
8. From time to time the scope of the work expanded and Claimant was
requested to perform additional work and did furnish additional work
pursuant to the instruction and direction of the general contractor, T.H.
Marsh Construction Company, wherein the Claimant agreed to furnish
certain additional labor and materials, an itemized statement of which is
-2-
attached hereto and incorporated herein and made part hereof as Exhibit
B.
9. T.H. Marsh Construction Company has refused to compensate Claimant
for the additional work performed pursuant to the instruction and direction
of the general contractor, T.H. Marsh Construction Company.
10. The amount claimed to be still due and chargeable against the property is
Eighteen Thousand Five Hundred Seventy-five Dollars Forty Cents
($18,575.40).
11. Claimant completed its work on or about July 10, 2009, which is less than
six months before the filing of this claim.
12. Written notice of the intention to file this claim was duly served on the
owner on November 16, 2009. A copy of the Notice is attached hereto
incorporated herein and made part hereof as Exhibit C.
BY:
Respectfully submitted,
GRIFFITH. STRICKLFR
CFhKRtE!S B. CALKINS, ESQUIRE
Supreme Court ID No. 36208
DAVID E. COOK, ESQUIRE
Supreme Court ID No. 78318
Attorneys for Claimant,
Henry Electric, Inc.
110 South Northern Way
York, PA 17402-3737
Telephone: (717) 757-7602
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HENRY ELECTRIC, INC., No.
Claimant,
V.
DDRTC CARLISLE COMMONS, LLC
Owners
CERTIFICATE OF SERVICE
AND NOW, this the day of January, 2010, I, Charles B. Calkins,
Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS &
CALKINS, hereby certify that I have this date served a copy of the Mechanics' Lien
Claim, by certified mail, return receipt requested, addressed to the party as follows:
DDRTC Carlisle Commons, LLC
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801
GRIFFI H, STRICKLER, LERMAN,
. $OLYMOS & CALKINS
BY:
CHA `CAL INS,\ESQUIRE
Supreme Court ID No. 3622008
Attorney for Claimant
110 S. Northern Way
York, PA 17402-3737
Telephone: 717-757-7602
Facsimile: 717-757-3783
E-mail: CCalkinsoGSLSC.com
-4-
JAN-05-2010 10:32
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HENRY ELECTRIC, INC., No.
Claimant, ;
V.
DDRTC CARLISLE COMMONS, LLC
Owners
VERIFICATION
P.01r01
1 verify that the foregoing facts are true and correct, upon my personal knowledge
or infomvation and belief. This verification is made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
HENRY ELECTRIC, INC.
Dated:
BY; -?e'
H NRY BLITZ, PRES ENT
-5-
TOTAL P.01
CONTRACTOR/SUBCONTRACTOR AGREEMENT
This AGREE.NI ENT (Subcontractor Agreement) made as of the 6th day of January in the year 2009.
BETWEEN the Contractor:
T. H. Marsh NC, LLC
17 12 Eastwood Road, Suite 301
Wilmington, NC 28403
Attn: David R. Dowler
and the Subcontractor:
Henry Electric, Inc.
3101 Eastern Blvd.
York, PA 17402
Attn: Henry Koblitz
The Contractor will enter into contracts for construction with various Owners on various Projects fi-om tirne to time. If Contractor
selects Subcontractor for one or more of these Projects, Contractor will engage the services of Subcontractor under this Subcontractor
Agreement by issuing a Purchase Order(s) to Subcontractor. The Purchase Order(s) will name the Project, name the Owner, and
reference this Subcontractor Agreement as follows:
"Project
Name of Owner
This Purchase Order incorporates by reference and is subject to the Contractor/Subcontractor
Agreement dated
This Subcontractor Agreement provides for the furnishing of Subcontractor's labor, materials, equipment and services in connection
with the construction of a Project. A copy of the Prime Contract, consisting of the Agreement Between Owner and Contractor (from
which compensation amounts may be deleted) and the other Contract Documents enumerated therein will be been made available to
the Subcontractor upon written request.
The Contractor and the Subcontractor agree as follows:
1 y REVISED 1/7/3009 10:18 AM
i
ARTICLE 1 THE SUBCONTRACT DOCUMENTS
1.1 The Subcontract Documents ("Subcontract") consist of (1) this Subcontract 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 Subcontract Agreement; (4) other documents listed in Article 16 of this Agreement; (5) Modifications to this
Subcontract issued after execution of this Subcontractor Agreement; and (6) the Purchase Order(s) from Contractor to Subcontractor.
These form the Subcontract, and are as fully a part of the Subcontract as if attached to this Subcontract 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 General Conditions of the Contract for Construction (Contractor-Subcontractor
Version), current as of the date of this Subcontractor Agreement, as modified and attached.
1.3 The Subcontract may be amended or modified only by a Modification. The Subcontract Documents shall not be
construed to create a contractual relationship of any kind ( I ) 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.
1.4 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
2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Subcontractor Agreement and General
Conditions and provisions of the Prime Contract which 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
Subcontractor Agreement shall govern.
2.2 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 Paragraph 4.1 and Article 5. As soon as practicable after execution of this
Subcontractor 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.
3.1.2 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.
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.
REVISED 1/7/2009 to:ts:k.v
3.2 COMMUNICATIONS
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.
3.2.2 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.
3.2.3 The Contractor shall permit the Subcontractor to request directly from the Architect (if any) information
regarding the percentages of completion and the amount certified on account of Work done by the Subcontractor.
3.2.3 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 Contractor shall furnish to the Subcontractor within 30 days after receipt of a written request, or earlier
if so required by law, information necessary and relevant for the Subcontractor to evaluate, give notice of or enforce
mechanic's or construction lien rights. Such information shall include a correct statement of the record legal title to the
property, usually referred to as the site, on which the Project is located and the Owner's interest therein.
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 Paragraph 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.
3.3.2 The Contractor's claims for services or materials provided by the Subcontractor shall require:
.1 three days' prior 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.
3.4 CONTRACTOR'S REMEDIES
3.4.1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and fails
within three working days after receipt of notice from the Contractor to commence and continue correction of such
default or neglect with diligence and promptness, and without prejudice to any other remedy the Contractor may have,
make good such deficiencies and may deduct the reasonable cost thereof 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.
4.1.2 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.
REVISED 1/7/2009 10:IS:??I
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, 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 written progress reports on the Work of this Subcontract
by the fifth business day of each month or as otherwise requested by Contractor, including information on the status of
materials and equipment which may be in the course of preparation, manufacture or transit.
4.1.5 Tile Subcontractor agrees that the Contractor and the Architect (if any) will each have the authority to reject
Work of the Subcontractor which does not conform to the Prime Contract. Any Architect's decisions on matters relating
to aesthetic effect shall be final and binding on the Subcontractor if consistent with the intent expressed in the Prime
Contract.
4.1.6 The Subcontractor shall pay for all materials, equipment and labor used in connection with the
performance of this Subcontract throt?gh 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.
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.
1.1.8 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.
4.2 LAWS, PERMITS, FEES, NOTICES, AND WAIVERS
4 .2.1 The Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of
public authorities bearing on performance of the Work of this Subcontract. The Subcontractor shall secure and pay for
permits and governmental fees, licenses and inspections necessary for proper execution and completion of the
Subcontractor's Work, the furnishing of which is required of the Contractor by the Prime Contract.
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.
4.2.3 The Subcontractor shall provide lien waivers upon the request of Contractor.
4.3 SAFETY PRECAUTIONS AND PROCEDURES
4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract,
shall comply with safety measures initiated by the Contractor and with applicable laws, ordinances, rules, regulations
and 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 twenty-four hours an injury to an employee or agent of
the Subcontractor which occurred at the site.
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 tite site by the Subcontractor, the Subcontractor's Sub-Subcontractors or anyone directly or indirectly employed
by them, the Subcontractor shall, prior to hannful 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.
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
RF.1'1SFa) 1/7/2009 10:18:?N1
and Subcontractor. The Subcontract Time shall be extended appropriately and the Subcontract SLIM 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.
4.4 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.
4.4.2 As provided under Subparagraph 3.3.2, if the Subcontractor fails to clean tip 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 (if any) 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 and the Subcontractor's Sub-Subcontractors 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 and expenses, including but not limited to attorney's fees, arising out of
or resulting from performance of the Subcontractor's Work under this Subcontract, but only to the extent caused by the
negligent acts or omissions of the Subcontractor, the Subcontractor's Sub-Subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge. or
otherwise reduce other rights or claims, or obligations of indemnity which would otherwise exist as to a party or person
described in this Paragraph 4.6.
4.6.2 In claims against any person or entity indemnified under this Paragraph 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 Subparagraph 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.
REMEDIES FOR NONPAYMENT
4.7.1 0 If the Contractor does not pay undisputed payments which are due the Subcontractor through no fault of the
-Su actor, the St1 contractor s a give written notice to Contractor . The Subcontractor may without prejudice to
any other available remedies, file a mechanic's or construction lien, but may not stop the Work of this Subcontract.
ARTICLE 5 CHANGES IN THE WORK
5.1 "file 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 Subcontractor 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 Subcontractor Agreement to
make thanes in the Work within the general scope of this Subcontractor consisting of additions, deletions or other revisions,
RFVISE1) 1/7/2009 10:18 ANI
including those required by Modifications to the Prime Contract issued subsequent to the execution of this Subcontractor
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 prompt l to the Contractor written copies of a claim for
a it le a contract um an u contract Time for such revised Work in a manner consistent with requirements of the l/
Subcontract Documents. Failure to make such a claim within this time shall invalidate any later claims for adjustment.
5.3 The Subcontractor shill make all Maim romot y Ito the Contractor for additional cost, extensions of time and danlages
for delays or other causes to 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 ontrac wit un a specified time period or in a specified manner shall be
made ill sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such claims shall he 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 AND ARBITRATION
6.1 MEDIATION f
6.1.1 Any claim arising out of or related to this Subcontract, except claims as otherwise provided in
Subparagraph 4.1.5 and except those waived in this Subcontract, shall be subject to mediation as a condition precedent to
arbitration, or the institution of legal or equitable proceedings by either party:
6.1.2 The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree
otherwise, shall be ill accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party to this Subcontract
and the American Arbitration Association. The request may be made concurrently with the filing of a request for
arbitration or commencement of legal proceedings but, in such event, mediation shall proceed in advance of arbitration
or le-al proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless
stayed for a longer period by agreement of the parties or court order.
6.1.3 The parties shall share the mediator's fee and any filing fees 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.
6.2 ARBITRATION
f
6.2.1 Any clain. arising Out of or related to this Subcontract, except claims as otherwise provided in
Subparagraph 4.1.5 and except those waived in this Subcontract, may be resolved by arbitration. Prior to arbitration, the
parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Para<(Yraph 6.1.
6.2.2 Claims not resolved by mediation may be decided by arbitration, in the sole discretion of Contractor, and
shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association
currently in effect. Demand for arbitration shall be filed by Contractor in writing with the other party to this Subcontract
and with the American Arbitration Association, and a copy shall be filed with the Architect (if any).'
6.2.3 A demand for arbitration shall be made within the time limits specified in the conditions of the Prime
Contract as applicable. and in other cases within a reasonable time after the claim has arisen, and in no event shall it be
made after the date when institution of legal or equitable proceedings based on such claim would be barred by the
applicable statute of limitations.
6.2.4 No Limitation on Consolidation or Joinder. Any arbitration arising out of or relating to the Subcontract
may include, by consolidation or joinder or in any other manner, any person or entity not a party to the Subcontract. Any
agreement to arbitrate and any other written agreement to arbitrate shall be specifically enforceable under applicable laW
in any court having jurisdiction thereof'
6.2.5 Claims and Timely Assertion of Claims. If arbitration is requested by Contractor, each party must assert
all claims then known to that party for arbitration.
REVISED 1/7/2009
6.2.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and
judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
6.3 Legal Proceedings. Subject to Article 6.1 either party may pursue its claims through legal proceedings; provided,
however, Contractor may require arbitration at any time and thereby prevent Subcontractor from pursuing or continuing legal
proceedings.
ARTICLE 7 TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT
7.1 TERMINATION BY THE SUBCONTRACTOR
7.1.1 The Subcontractor may terminate the Subcontract Agreement for nonpayment of undisputed amounts due
under this Subcontract Agreement for 90 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 payment for Work executed and for proven loss with respect to materials, equipment, tools, and
construction equipment and machinery, including reasonable overhead, and damages, but not profits.
7.2 TERMINATION BY THE CONTRACTOR
7.2.1 The Contractor may upon written notice terminate the Subcontractor Agreement 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 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.
7.2.2 The Contractor shall deliver written termination notice to the Subcontractor in person, via U.S. Mail, via
fax, or through the use of a competent delivery service..
7.2.3 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 The Subcontractor shall be entitled to receive payment for Work executed, and costs incurred by reason of
such termination, offset by all costs and damages incurred by Contractor.
7.3 ASSIGNMENT OF THE SUBCONTRACT
7.3.1 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
risltts 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 Documents.
7.3.2 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.
As set forth in applicable Purchase Order(s).
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ARTICLE 9 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9.1 "file date of commencement shall be the date of the Purchase Order(s). Within five days of the date of commencement
Subcontractor shall provide Contractor with a Notice of Furnishing or otherwise applicable document under mechanic's and
construction lien laws.
9.2 The Work of this Subcontract shall be substantially completed not later than the Subcontract time set forth in the
Purchase Order(s).
9.3 With respect to the obligations of both the Contractor and the Subcontractor, time is of the essence of this Subcontract.
9.4 No extension of time will be valid without the Contractor's written consent after claim made by the Subcontractor in
accordance with Paragraph 5.3.
ARTICLE 10 SUBCONTRACT SUM
10.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum as
set forth in the Purchase Order(s), subject to additions and deductions as provided in the Subcontract Documents.
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:
See Purchase Order(s)
10.3 Unit prices, if any, are as follows:
See Purchase Order(s)
ARTICLE I I PROGRESS PAYMENTS
11.1 Based upon applications for payment submitted to the Contractor by the Subcontractor, corresponding to applications for
payment submitted by the Contractor, and certificates for payment issued by the Architect (if any), 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 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.
11.2 The period covered by each application for payment shall be one calendar month ending on the last day of the month, or
as otherwise mutually agreed in writing.
11.3 Provided an application for payment is received by the Contractor, the Contractor shall include the Subcontractor's Work
covered by that application in the next application for payment which the Contractor is entitled to submit. The Contractor shall
pay the Subcontractor each progress payment within three working days after the Contractor receives payment from the Owner. If
the Contractor does not receive payment for any cause, the Contractor need not pay the Subcontractor until payment is received.
11.4 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.
11.5 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.
REVISED 1/7/2009 10:18 AM
11.6 Subject to the provisions of the Subcontract Documents, the amount of each progress payment shall be computed as
follows:
11.6.1 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;
11.6.2 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 in writing, less the same percentage retainage
required by the Prime Contract to be applied to such materials and equipment in the Contractor's application for
payment;
1 1.6.3 Subtract the aggregate of previous payments made by the Contractor; and
11.6.4 Subtract amounts, if any, calculated under Paragraph 11.7 or 11.7 which are related to Work of the
Subcontractor for which the Architect (if any) has withheld or nullified, in whole or in part, a certificate of payment for a
cause which is the fault of the Subcontractor.
11.7 Upon the partial or entire disapproval by the Contractor of the Subcontractor's application for payment, 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.
11.8 SUBSTANTIAL COMPLETION
1 1.8.1 When the Subcontractor's Work or a designated portion thereof 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 30 days following issuance by the Architect (if any) 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, deducting full retainage and any portion of the funds for the
Subcontractor's Work withheld in accordance with the certificate to cover costs of items to be completed or corrected by
the Subcontractor. Such payment to the Subcontractor shall be the entire unpaid balance of the Subcontract Sum.
ARTICLE 12 FINAL PAYMENT
12.1 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 ofthe Subcontract
Documents. the Architect (if any) has issued a certificate for payment covering the Subcontractor's completed Work and the
Contractor has received payment from the Owner.
12.2 Before or simultaneous with issuance of the final payment, the Subcontractor, shall submit evidence 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, together with a full waiver of lien.
ARTICLE 13 INSURANCE AND BONDS
13.1 The Subcontractor and the Subcontractor's Sub-Subcontractors shall acquire and maintain insurance during the period of
its work on each Project, with the following types of coverage and limits of liability:
Commercial General Liability - Occurrence form, including coverage for bodily injury, personal injury,
property damage (broad form), premises/operations, blanket contractual, and products/completed
operations.
Minimum limits:
REVISED 1/7!2009 10: IS A..NI
S 1,000,000 per occurrence/$1,000,000 general aggregate,
$1,000,000 aggregate for products and completed operations;
$1,000,000 personal & advertising injury
b. Automobile - If South Carolina "no-fault' coverage, and residual automobile liability, comprehensive
form, covering owned, hired, and non-owned automobiles.
Minimum limits:
No-fault coverages - statutory
$500,000 per person/$1,000,000 per accident - bodily injury;
$500,000 per occurrence - property damage; or a combined single limit of $ 1,000,000 per occurrence.
If not South Carolina, then full coverage and residual automobile liability, comprehensive form, covering
owned, hired, and non-owned automobiles.
Minimum limits:
$500,000 per person/$1,000,000 per accident - bodily injury;
$500,000 per occurrence - property damage, or a combined single limit of $ 1,000,000 per occurrence
Workers' Compensation and Employer's Liabilitv - Statutory coverage or proof acceptable to the
Owner of approval as a self-insurer by the State in which the Work is being performed.
Minimum limits:
Workers' Compensation - statutory
Employer's Liability - $500,000 each accident, $500,000 disease
- each employee, $ 1,000,000 disease - policy limit.
Excess/Umbrella Liability - Coverage in excess of all of the above required coverages with a minimum
limit of $2,000,000 per occurrence.
Such policies of insurance shall be in a form and with companies satisfactory to the Contractor (A. M. Best rating of B --
VII I or better). Certificates of the above coverages naming the Contractor as an additional insured on a primnrt, and
17oncann•ibutoi-v basis, referencing project information indicated in Purchase Order(s), with a 30 day cancellation clause,
shall be filed with and approved by the Contractor a minimum of five (5) days before the commencement of any work
hereunder. New certificates of the above coverages must be supplied if the coverages first supplied are canceled,
materially restricted, not renewed, or are allowed to lapse in any way. The Contractor reserves the right to request
complete certified copies of the policies if deemed necessary to ascertain details of coverage not provided by the
certificates.
13? 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' 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.
13.4 The Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor under the
Prime Contract.
13.5 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.
REVISED I/7/2009 10:18 A.N1
13.6 Subcontractor shall furnish performance bond and/or payment bond as required in Purchase Order(s).
(/f the Subcontractor is to firrnish bonds, insert the .specific requirements here.)
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.
13.7.2 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 Subcontract Sum.
13.7.3 Property insurance Ior 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.
13.8 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 endorsernent or otherwise. A
waiver of subrogation shall be effective as to a person or entity even though that person or entity would other wise 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
14.1 The Contractor shall furnish and make available to the Subcontractor the following temporary facilities, equipment and
services as set forth in Purchase Order(s).
ARTICLE 15 MISCELLANEOUS PROVISIONS
15.1 Where reference is made 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.
15.2 Payments due and unpaid under this Subcontract shall not bear interest.
15.3 Retainage and any reduction thereto is as follows: There shall be a ten percent (10%) retainage on progress payments as
set forth in Article 1 I.
15.4 Contractor is under no obligation to issue Purchase Order(s) to Subcontractor under this Subcontractor Agreement.
15.5 CORRECTION OF WORK: The Subcontractor shall promptly correct work rejected by Owner, Architect (if any) or
Contractor as defective or failing to conform to the requirements of the contract documents, without additional cost.
Subcontractor shall also repair or correct defective work or work failing to conform to the requirements of the contract documents
for a period of two years after final payment is made under this Subcontractor Agreement.
ARTICLE 16 ENUMERATION OF SUBCONTRACT DOCUMENTS
16.1 The Subcontract Documents. except for Modifications issued after execution of this Subcontract, are enumerated as
follows:
REVISED 1/7/2009 10:18 A.N1
See Article l and applicable Purchase Order(s).
16.1.1 This executed Contractor/Subcontractor Agreement (Subcontractor Agreement);
16.1.2 The Prime Contract, consisting of the Agreement between the Owner and Contractor
16.1.3 Modifications to the Prime Contract, if any, issued subsequent to the execution of the Owner-Contractor
Agreement but prior to the execution of this Subcontrator Agreement.
16.1.4 The attached General Conditions of the Contract for Construction.
This Agreement entered into as of the day and year first written above.
CONTRACTOR (Signature) SUBCONTRACTOR (Signature)
By: Thomas J. Plagens
By;
hs: Chief Financial Officer Its:
CONTRACTOR/SUBCONTRACTORAGREEMENT
This AGREEMENT (Subcontractor Agreement) made as of the 6th day of January in the year 2009.
BETWEEN the Contractor:
T. H. Marsh NC, LLC
17 12 Eastwood Road, Suite 301
Wilmington, NC 28403
Attn: David R. Dowler
and the Subcontractor:
Henry Electric, Inc.
3101 Eastern Blvd.
York, PA 17402
Attn: Henry Koblitz
The Contractor will enter into contracts for construction with various Owners on various Projects from time to time. If Contractor
selects Subcontractor for one or more of these Projects, Contractor will engage the services of Subcontractor under this Subcontractor
Agreement by issuing a Purchase Order(s) to Subcontractor. The Purchase Order(s) will name the Project, name the Owner, and
reference this Subcontractor Agreement as follows:
"Project
Name of Owner
This Purchase Order incorporates by reference and is subject to the Contractor/Subcontractor
Agreement dated
This Subcontractor Aoreement provides for the furnishing of Subcontractor's labor, materials, equipment and services in connection
with the construction of a Project. A copy of the Prime Contract, consisting of the Agreement Between Owner and Contractor (from
which compensation amounts may be deleted) and the other Contract Documents enumerated therein will be been made available to
the Subcontractor upon written request.
The Contractor and the Subcontractor agree as follows:
REVISED 1/7/2009 10:18 ANN
ARTICLE I THE SUBCONTRACT DOCUMENTS
1.1 The Subcontract Documents ("Subcontract") consist of (1) this Subcontract 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 Subcontract Agreement; (4) other documents listed in Article 16 of this Agreement; (5) Modifications to this
Subcontract issued after execution of this Subcontractor Agreement; and (6) the Purchase Order(s) from Contractor to Subcontractor.
These form the Subcontract, and are as fully a part of the Subcontract as if attached to this Subcontract 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 teen or condition contained in the Subcontract Documents, the General
Conditions governing this Subcontract shall be the General Conditions of the Contract for Construction (Contractor-Subcontractor
Version), current as of the date of this Subcontractor Agreement, as modified and attached.
1.3 The Subcontract may be amended or modified only by a Modification. The Subcontract Documents shall not be
construed to create a contractual relationship of any kind (I) 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.
1.4 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
2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Subcontractor Agreement and General
Conditions and provisions of the Prime Contract which 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
Subcontractor Agreement shall govern.
2.2 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 Tile 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 Paragraph 4.1 and Article 5. As soon as practicable after execution of this
Subcontractor 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.
3.1.2 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.
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 terns.
REVISED 1/7/2009 10:18 AN1
3.2 COMMUNICATIONS
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.
3.2.2 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.
3.2.3 The Contractor shall permit the Subcontractor to request directly from the Architect (if any) information
regarding the percentages of completion and the amount certified on account of Work done by the Subcontractor.
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 Contractor shall furnish to the Subcontractor within 30 days after receipt of a written request, or earlier
if so required by law, information necessary and relevant for the Subcontractor to evaluate, give notice of or enforce
mechanic's or construction lien rights. Such information shall include a correct statement of the record legal title to the .
property, usually referred to as the site, on which the Project is located and the Owner's interest therein.
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 Paragraph 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.
3.3.2 The Contractor's claims for services or materials provided by the Subcontractor shall require:
A three days' prior 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.
3.4 CONTRACTOR'S REMEDIES
3.4. 1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and fails
within three working days after receipt of notice from the Contractor to commence and continue correction of such
default or neglect with diligence and promptness, and without prejudice to any other remedy the Contractor may have,
make good such deficiencies and may deduct the reasonable cost thereof 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.
4.1.2 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.
REVISED 1/7/2009I0:1$:%.NI
Henry Electric, Inc.
3101 Eastern Blvd.
York, PA 17402 4
717-757-7694
T.H. Marsh Construction Company DATE 6/I712009
1712 Eastwood Rd.
Wilmington, NC 28403 DUE DATE 6/17/2009
Attn: Mandy P.O. NO.
INVOICE # 9266
Invoice
DESCRIPTION
Job Location: Staples, Carlisle, PA
Extras:
Installed two 120 volt circuits for the "7COm" sk.Materials $191.92 Labor
$200.00 391.92
Installed one additional fire alarm horn/strobe unit in the Landlords Area requested by 393.21
the Fire Marshall.
Materials $293.21 Labor $100.00
Installed a receptacle and data conduit at a desk area. Materials $67.32 Labor $100.00
167.32
Installed three 8' fluorescent lights on the racks along the Stock Room wall. Not on 452.40
drawings. 11
Materials $302.40 Labor$150.00
Installed eight 8' and two 4' fluortscent lights on the rack closest to the Stockroom
1,141.05
doors.
Materials $841.05 Labor $300.00
11
TERMS: Net 34 days;
1 1/2% per month Total $2,545.90
Thank You
HENRY ELECTRIC, INC.
3101 Eastern Boulevard
York PA 17402
November 13, 2009
Via Federal Express Overnight
NOTICE OF INTENTION TO FILE MECHANIC'S LIEN CLAIM
DDRTC Carlisle Commons LLC
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange ST
Wilmington DE 19801
Re: Contractor: T.H. Marsh Construction Company
Subcontractor: Henry Electric, Inc.
Owner: DDRTC Carlisle Commons LLC
Property Location: Carlisle Commons Shopping Center
Space #20
100 Noble Boulevard
Carlisle, PA 17013
Dear Sir:
Please be advised that this company, Henry Electric, Inc., is the electrical subcontractor of your
contractor, T.H. Marsh Construction Company. The sum of $18,575.40 is presently due us for
furnishing and installing a new electrical system including a fire-alarm system at the premises
located at Carlisle Commons Shopping Center, Space #20, 100 Noble Boulevard, Carlisle,
Cumberland County, Pennsylvania 17013. We completed the work for which we are making a
claim on July 10, 2009. This letter will constitute formal notice of our intention to file a
mechanic's lien claim for our work and materials supplied on this project.
Sincerely,
HENRY ELECTRIC, INC.
By: P" lkvp ?- `?,mq Koblitz, President
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
FILED , ,
Ronny R Anderson /Q Y
Sheriff
Jody S Smith 2010 J M41 Chief Deputy
. i
Edward L Schorpp
Solicitor
Henry Electric, Inc.
Case Number
vs. 2010-221
DDRTC Carlisle Commons, LLC c/o The Corporation Trust Company
SHERIFF'S RETURN OF SERVICE
01/07/2010 On this date Ronny R. Anderson, Sheriff mailed the within Mechanics' Lien Claim by certified mail, return
receipt requested to DDRTC Carlisle Commons, LLC c/o The Corporation Trust Company.
01/07/2010 On this date Ronny R. Anderson, Sheriff mailed the within Mechanics' Lien Claim by certified mail, return
receipt requested to DDRTC Carlisle Commons, LLC.
01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Mechanics' Lien Claim upon the within named defendant, DDRTC Carlisle Commons, LLC, in the
following manner: On January 7, 2010 the Sheriff mailed by certified mail, return receipt requested a true
and correct copy of the within Mechanics' Lien Claim to the defendant's last known address of 3300
Enterprise Parkway, Beachwood, OH 44122. The certified mail return receipt card was received by the
Cumberland County Sheriff's Office signed by Sanders Delivery.
01/1512010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Mechanics' Lien Claim upon the within named defendant, DDRTC Carlisle Commons, LLC c/o The
Corporation Trust Company Corporation Trust Center, in the following manner: On January 7, 2010 the
Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Mechanics'
Lien Claim to the defendant's last known address of 1209 Orange Street, Wilmington, DE 19801. The
certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Scott
Jascula.
SHERIFF COST: $57.76 SO ANSVERC"--?
January 15, 2010 / ROI)NY R ANDERSON, SHERIFF
¦ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
DDRTC CARLISLE COMMONS, LLC
C/O THE CORPORATION TRUST COM]
CORPORATION TRUST CENTER
1209 ORANGE STREET
WILMINGTON, DE 19801
2010-221
2. Article Number
(Transfer from service label)
A. Signature
X see
B ived by (Printed Name) JA C. f a2 oZQrry
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
>:LGertified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
7006 0810 0000 7881 7663
PS Form 3811, February 2004 Domestic Return Receipt
CERTIFIED MAIL . RECEIF
(Domestic Mail Only; No Insurance Coverai
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2010-221
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---------------------I----------- ------
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PS Form 3800 June 2002
¦ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
DDRTC CARLISLE COMMONS, LLC
3300 ENTERPRISE PARKWAY
BEACHWOOD, OH 44122
102595-02-M-1540
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livery different from item 1? ? Yes
If 1 enter address below: ? No
3. Service Type
>65ertified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
2010-221 4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7006 0810 0000 7881 7670
(Transfer from service laben
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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2010 HAR 15 I H ? 08
CUM11 i 1 1
IN THE COURT OF COMMON PLEAS OF CUMBERLARhtO'U`l' Y,
PENNSYLVANIA
HENRY ELECTRIC, INC.,
vs.
Claimant
DDRTC CARLISLE COMMONS, LLC,
Owner
No. 10-221
Civil Term
PRAECIPE TO SATISFY, DISCONTINUE AND END
TO: PROTHONOTARY
Please mark the docket in the above-captioned matter satisfied, discontinued and
ended.
Respectfully submitted,
STRICKLER, LERMAN,
YMOS & CALKINS
Dated: March 9, 2010
By:
ESQUIRE
Court I.D. No. 3620
110 South Northern ay
York PA 17402-3737
Telephone: (717) 757-7602
Facsimile: (717) 757-3783
E-mail: CCalkins@gslsc.com
Counsel for Claimant 4g.oo Fo ATT`/
&Ir 15816
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