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B. The Contract
If petitioner's bid was accepted by the developer, a written
contract was executed to construct, place, and finish the
required foundations and flatwork. The parties stipulated that a
typical contract between petitioner and its clients provided the
following:
In consideration of the mutual agreements
contained herein, Contractor and Subcontractor
[petitioner] agree as follows:
1. Work. The work to be performed hereunder
shall include, and Subcontractor shall perform, all
duties and services necessary or inherent to the type
and trade classification of FOUNDATION & FLATWORK, the
scope of which is more fully defined in Exhibit A -
Scope of the Work, hereto (the "Work"). The Work shall
include all work of such type and trade classification
for the Project, and is to be performed in strict
compliance with this Subcontract and the Contract
Documents (as defined in Paragraph 9 hereof) and all
addenda, amendments and changes thereto, whether or not
stipulated in the Contract Documents, and shall include
all work ordinarily and usually performed, and the
supply of all facilities ordinarily and usually
provided as part of the Work covered by this
Subcontract or ordinarily and usually performed by a
subcontractor doing work of such trade classification.
Subcontractor, to the entire satisfaction and approval
of Contractor (or its authorized representatives and/or
assigns) and all governing agencies agrees to furnish
sufficient labor, materials, tools, equipment and
services and to properly perform the Work in a sound
workmanlike and substantial manner. Subcontractor is
employed by Contractor as an independent contractor to
perform the work.
* * * * * * *
15. Materials and Workmanship; Inspection and Testing
(a) All materials used in the Work shall be
furnished in ample quantities to facilitate the proper
and expeditious execution of the Work and shall be new
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