Masonry Magazine February 1995 Page. 15
ment amount shall not exceed the manual rate for such subcontract work.
Article 12-Indemnification
Article 12 addresses indemnification, no limitation upon liability, architect exclusion, and compliance with laws and patents. Changes in the structure and wording of these paragraphs, and some shifts in responsibility from the obligations set forth in the 1990 AGC 600, are made in this section.
Article 12.1 of the AGC/ASA/ASC form requires subcontractors to indemnify and hold harmless the owner, architect, their agents, consultants, and employees. The AGC 600 requires the subcontractor to hold harmless the contractor "and when required of the contractor by the contract documents" the owner, architect, the architect's consultants, agents, and employees.
Article 12.5 addresses patents in similar fashion to the AGC 600, but adds important protection for the subcontractor by providing that the subcontractor is not responsible for defense or loss when a particular design or process is "required by the subcontract documents." Consistent with an obligation in the AIA A201 (3.17.1), the subcontractor is responsible for any loss sustained if the subcontractor has reason to believe that the process or patent required by the subcontract documents is an infringement of patent and does not report it to the contractor.
Article 9-Subcontractor's Obligations
Paragraph 9.2 of the new form acknowledges that the subcontractor has physically visited the project site and visually "inspected" the general and local conditions "which could affect the subcontract work." If, after such visual inspection, the subcontractor fails to "reasonably ascertain" conditions which could affect the subcontract work, the subcontractor is obligated to properly complete the work without additional expense to the contractor.
This concept is similar to the obligation placed on the contractor in Subparagraph 3.2.2 of the 1987 AIA A201. Unlike A201, however, the new subcontract does not expressly require the subcontractor to report errors, inconsistencies, or omissions. The new subcontract also does not expressly define when the inspection must be made, whereas A201 requires the contractor to inspect "before commencing activities."
Paragraph 9.11 defines the subcontractor's warranty obligations. Under the new form the subcontractor's warranty is tied to the "subcontract documents" and not to the contract documents, as in the AGC 600. Presumably, the contractor has identified appropriate contract document warranties and has required the subcontractor, in the subcontract documents, to provide the same warranty obligations the contractor has to the owner.
Paragraph 9.14. "Safety of Persons and Property." defines in great detail the subcontractor's safety obligations. Subparagraphs 9.14.9 incorporates most of Paragraph 8.9 of the AGC 600, but there are several significant changes. For example, the first sentence is new, and states, "Prevention of accidents at the site is the responsibility of the contractor, subcontractor, and all other subcontractors, persons, and entities at the site."
This language, while articulating a laudable goal, may not be appropriate for the subcontract because it references other parties not signatory to the subcontract. The inclusion of language related to the contractor's responsibilities, as well as to other subcontractors, persons, and entities on the site, would seem more appropriate for a partnering mission statement.
Subparagraph 9.14.9 also contains slight changes to define more clearly Continued on Page 53
MASONRY JANUARY/FEBRUARY, 1995 15
City Centre Receives Excellence Award
ST. PETERS CITY CENTRE, ST. Peters, Missouri, received an Excellence in Masonry award as one of two top architectural projects in the St. Louis area from the Masonry Institute of St. Louis in late November. Architect and general contractor for the project was Svedrup Faciltiies, Brick supplier was Acme Brick and Tile, and mason contractor was Grant Masonry, Incorporated. The combination of brick and stone emphasizes the building's character. Its broad, curving form focuses on a clock tower that adds vsiibilty and interest to the skyline.