The English version of this agreement regulates and controls all translations. All claims or disputes related to this license are subject to exclusive jurisdiction in the State or Federal Court of Ramsey County, Minnesota, United States of America, and the parties agree that this personal jurisdiction and the jurisdiction are appropriate. This licensing agreement represents the entire agreement and replaces all previous discussions and agreements on the subject. If a provision is declared invalid or unenforceable, the remainder of the licence agreement will remain fully in effect. Disclosure of problems or claims is now a mutual obligation of the new form. The general contractor must submit in writing all known claims against the subcontractor within a reasonable time, but no more than 30 calendar days to the knowledge of the application. On the other hand, the subcontractor must notify the general contractor in writing of requests for more time or money, so that the general contractor can make these claims known in a timely manner in accordance with the terms of his contract with the owner. The timely termination is defined as 3 working days before the expiry of the corresponding notice period in the general contractor`s contract with the owner. This emphasizes the importance of subcontractors receiving copies of the general contractor`s contract with the owner, so that everyone understands the time frames for termination. The new improved form deserves careful consideration, as it has a significant impact on rights and obligations between general contractors and subcontractors.
The areas that received the most important update are: – Note that previously, the claims notification requirement was brief and was included in the original « Commitments and Responsibilities » paragraph. For reasons of further clarity, the requirement for disclosure of claims has been expanded and incorporated into the dispute provisions in Section U. In summary, the new form specifies that it does not contain a « pay when paid » clause, but also offers the possibility to two drivers, one creating a « pay if paid » clause and the other the right of a subcontractor to a deferred payment. These discretionary drivers reflect the MnAGC`s philosophy that the risk of insolvency of the property should be a matter of negotiation between the general contractor and the subcontractor on the basis of a project. As a result, MnAGC formed a subcommittee of representative general contractors, subcontractors and lawyers to verify subcontracting. After 18 months of meeting, the subcommittee recommended a review of the form and the MnAGC Board of Directors recently approved the subcommittee`s proposed new sub-mandate. The author was a member of the subcommittee and will describe in this month`s briefing the main changes to be found in the new standard sub-contract of mnAGc.