Construction Wall Cladding Submittals

CONSTRUCTION WALL CLADDING SUBMITTALS

This Construction Wall Cladding Submittal and Agreement (the Agreement) is made effective as of by and between Contractor Name: and Supplier/Manufacturer Name: .

WHEREAS

WHEREAS, Contractor is engaged under contract to perform construction work at the project identified below and requires samples, product data, shop drawings, and related documentation for wall cladding systems for review and approval prior to procurement and installation;

WHEREAS, Supplier/Manufacturer represents that it will provide accurate submittals, test data, material samples, and installation instructions for the specified wall cladding products, and will cooperate with Contractor and the project design professionals in the review process; and

WHEREAS, the parties desire to establish the procedures, responsibilities, delivery schedules, payment terms and governing provisions applicable to wall cladding submittals and related sample/mock-up approvals.

SUBMITTAL INFORMATION

SCOPE OF WORK

Supplier/Manufacturer shall prepare and submit the submittal package described above. Submittal package shall include complete product data, finishes, shop drawings with connection details, fastener schedules, thermal and moisture control details, and installation sequences sufficient for review and acceptance by Contractor and the project design professional. Supplier/Manufacturer shall be responsible for coordination of the submitted components with adjacent trades and for any deviations from the contract documents shown on the submittal.

PAYMENT TERMS

Contractor agrees to compensate Supplier/Manufacturer for work and materials covered by approved submittals in accordance with the schedule below. Payment is contingent upon Contractor's receipt of acceptable submittals and, where applicable, successful mock-up approval.

TERM AND TERMINATION

This Agreement commences on and shall remain in effect until , unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches its obligations and fails to cure within days after receipt of written notice. In the event of termination, Supplier/Manufacturer shall be entitled to payment for approved work performed prior to termination, subject to offsets for Contractor's damages.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public technical, commercial and project information disclosed in connection with submittals and shall not disclose such information to third parties without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under this Agreement. Confidential information shall not include information which is or becomes publicly available other than by breach of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, along with any referenced submittal attachments and approved change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. No amendment to this Agreement shall be effective unless in writing signed by authorized representatives of both parties.

CERTIFICATION

By submitting this form, the undersigned certify that the information and documents provided are accurate, that the submitted products conform to the contract documents unless deviations are clearly identified, and that any substitutions or changes will not void applicable warranties. The undersigned acknowledge responsibility to coordinate submitted cladding components with adjacent assemblies and to correct any deficiencies discovered during review or mock-up testing.

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