CONTRACTING BILL OF RIGHTS
We,
the General Contractors, Subcontractors, Design Professionals and Construction
Industry Suppliers of these United States
Of America, in Order to form a
more perfect Construction Industry, establish Fairness; ensure Equality among
all Construction Industry
Businesses, provide for the
Welfare of the Workers, promote quality construction, do ordain and establish
this Contracting Bill of Rights.
Articles proposed by the General Contractors,
Subcontractors, Design Professional and Construction Industry Suppliers, to be
ratified by the United States Congress, the legislatures of each of these United
States, regional and local lawmaking bodies, and other appropriate entities and
become law.
Article the first
All General Contractors, Subcontractors and Design
Professionals shall provide a work environment intended and designed to attract
and retain an adequate and trained workforce, including providing a living wage
and appropriate benefits, skill and career training, and a safe and healthy work
place.
Article the second
No
Owner, General Contractor, Subcontractor, Design Professional or Construction
Industry Supplier shall shift risk to another that it can better mitigate
control or manage itself.
Article the third
All
Owners, General Contractors, Subcontractors, Design Professionals and
Construction Industry Suppliers shall strive to avoid disputes.
Article the fourth
The laws of a State shall take precedence and
be enforced on all construction contracts for work performed in that State.
Furthermore, all suites brought in construction contract disputes for
work performed in a State shall be filed in an appropriate Court of Law where
the project is located, and venue shall not be changed without the prior express
agreement of all parties to the suit.
Article the fifth
No owner, General Contractors, Subcontractor or
Design Professional shall receive or provide a bid and subsequently disclose
that bid to another with the intention on enticing the party to lower its bid or
awarding the contract for a lower bid to other than the original low bidder.
Article the sixth
All General Contractors, Subcontractors, and
Design Professionals shall be entitled to full and prompt payment for all work
properly performed, for all materials properly stored, and for all services
properly provided. Furthermore, any
contract clause that abridges or waives such entitlement to full and prompt
payment is against public policy.
Article the seventh
Any General Contractor, Subcontractor, or Design
Professional not paid promptly for work properly performed, for all materials
properly stored, and for all services properly provided shall have the right
immediately to suspend performance until full payment has been received
including for all reasonable costs incurred due to suspension.
Furthermore, that General Contractor, Subcontractor, or Design
Professional shall have the right to be paid for all reasonable costs of
re-mobilization.
Article the eighth
Any contract provision that prevents a General
Contractor, Subcontractor, or Design Professional from reasonable compensation
for delays caused by the Owner or another party to the construction contract is
against public policy.
Article the ninth
An Owner or User of a building, structure or
improvement to real property shall not be permitted beneficial use of that
building, structure or improvement until al General Contractors, Subcontractors,
Design Professionals and Construction Industry Suppliers that have provided
labor, material or construction services shall have been paid in full.
Article the tenth
All General Contractors, Subcontractors, and Design
Professionals shall be awarded attorney fees, and other costs associated with
enforcing the rights provided for under this Bill of
Rights.
Approved
by ASAC Board of Directors May 5, 1999
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