SUBCONTRACT AGREEMENT

Greater Southwest Constructors, Inc.

1756 Ranger Hwy.

Weatherford, Texas 76088

Phone (817) 596-3513

Fax (817) 596-3213

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CONTRACTOR:	Greater Southwest Constructors, Inc.

SUBCONTRACTOR:

OWNER:

JOB #:

CONTRACT #:

EFFECTIVE DATE:

SUBCONTRACT PRICE:

PROGRESS REPORT LIQUIDATED DAMAGE AMOUNT: $100.00

PROGRESS CONFERENCE LIQUIDATED DAMAGE AMOUNT:	$100.00

DELAY LIQUIDATED DAMAGE AMOUNT:	$250.00

MONTHLY PAYMENT APPLICATION DATE:	PERIOD ENDING 15th and 30th OF EACH MONTH AS PER ARTICLE II

COST CATEGORY:

SUBCONTRACTOR WORK:

WORKSCOPE:

SPECIAL PROVISIONS: Subcontractor must sign and return Exhibit C seventy-two (72) hours prior to Subcontractor performance of work. Subcontractor is responsible to obtain any information needed to fulfill the requirements of Exhibit C. The Contractor at his sole discretion shall have the right to proceed under Article II of the subcontract agreement in the event a notice of lien is received from a Subcontractor or Supplier that has supplied material, and or equipment, and or labor to the Subcontractor. Wal-Mart requires an affidavit of total release and certification of all bills paid to be signed and notarized. The original shall be sent to General Contractor’s office with final application for payment. These documents must be received in order to receive final payment.

CONTRACT DOCUMENTS: The Contract Documents shall include, in addition to this Agreement, all documents (including the Contract) reflecting the agreement between the Owner and the Contractor for the Project, the “Project Schedule” (herein so called) provided by Contractor, and all Project Specifications and Project Plans, including Addenda pertaining to the Wal-Mart Supercenter Remodel, Lamesa,TX, Store No. 1050-109 (herein called "Specifications and Plans").

This Subcontract Agreement (herein called "Agreement") is made and entered into as of the "Effective Date" (herein so called) listed above, by and between Greater Southwest Constructors, Inc. (herein called "Contractor"), and the "Subcontractor" (herein so called) listed above, for the performance of the "Subcontract Work" (as that term is defined above) on the "Project" (herein so called) listed above. If the "Contract" (herein so called) referenced above is a prime contract between the owner of the "Project" (herein so called) listed above and the Contractor, then the term "Owner" refers to that owner. If the Contract is itself a Subcontract, then the term "Owner" refers to the party to the Contract with which Contractor is in privity. Both the Contractor and Subcontractor agree to perform each of their respective obligations as set forth below and in the attached Exhibits, to wit:

ARTICLE I – PERFORMANCE

A. Time: Time is of the essence to this Agreement. Subcontractor shall begin work as soon as instructed by the Contractor and shall execute the Subcontract Work promptly, efficiently, and in a manner that will not cause delay in the progress of Contractor's work or other work performed on the Project by other subcontractors. Except as provided in Article I, Paragraph B, the Subcontractor shall perform all subcontract work within the number of days shown on the Project Schedule or as otherwise required by the contract documents (the last of which days being referred to herein as the "Completion Date").

B. Project Schedule: Subcontractor shall perform all Subcontract Work pursuant to the Project Schedule provided by the Contractor, unless Subcontractor notifies Contractor within three (3) calendar days from receipt of the Project Schedule or revised Project Schedule that the Subcontract Work cannot be performed within the time provided in the Project Schedule. Contractor may, from time to time, reschedule the order of the Subcontract Work or otherwise revise the Project Schedule. Subcontractor agrees to comply with such schedule revisions without any increase to the subcontract price for acceleration or delays.

C. Damages for Delay: As required in Article I, Paragraph (A) and (B), above, Subcontractor shall perform all Subcontract Work by the Completion Date. Subcontractor recognizes and stipulates that, if the Subcontract Work is completed, failure to complete same as required by Project Schedule on or by the Completion Date will result in a probable loss to the Contractor, but that damages resulting from such delay could be determined only with great difficulty, or not at all. Hence, Subcontractor and Contractor stipulate and agree that (i) the "Delay Liquidated Damage Amount" (herein so called), listed on Page 1, above, is the Contractor's and Subcontractor's reasonable estimate of the probable loss that would be sustained by Contractor as a result of such delay; and (ii) that the Delay Liquidated Damage Amount is not, and is not intended as, a penalty. If Subcontractor completes the Subcontract Work, but fails to complete same on or by the Completion Date, Subcontractor shall pay to Contractor within seven (7) days of Contractor's demand the Delay Liquidated Damage Amount for each day that elapses after the scheduled Completion Date in which the Subcontract Work is not completely performed. If the Subcontract Work is never completed, the Delay Liquidated Damage Amount shall not apply, and Contractor shall be entitled to seek whatever damages or remedies to which it may be entitled as a result of Subcontractor's breach.

ARTICLE II- PAYMENT

A. Subcontractor shall submit to the Contractor applications for payment on or before the “Payment Application Date" (herein so called), listed on Page 1, above, to enable Contractor to include such amount in its application for payment to the Owner. Payments shall be made by the Contractor as provided herein based upon the Contractor's valuation of that portion of the Subcontract Work performed by the Subcontractor and covered by the application for payment, considering the relation thereof to the "Schedule of Values" (as that term is defined in Article IV (12), below). In applying for payment, the Subcontractor shall submit a statement based upon the Schedule of Values. Application for payment made on account of materials not incorporated in the Subcontract Work, but delivered and suitably stored at the site, shall include evidence of payment from suppliers and shall be in accordance with the terms and conditions of the Contract Documents. Applications for payments dated and received between the 1st-15th of the month in which work was performed will be processed for payment by the 15th of the following month. Applications for payments dated and received between the16th-30th will be processed for payment by the 30th of the following month. No applications for payment will be processed and no payments will be made unless Subcontractor has submitted a sworn statement certifying the name of all Subcontractor's unpaid material-men and sub-subcontractors. Applications for payments submitted which include work not completed by the application date will not be processed and will be returned for correction. Corrected applications will be processed by the 30th of the following month after receipt of corrected application by JRJ. Applications for payment shall be accompanied by completed lien waivers and/or bills paid affidavit forms as may be required by Contractor or Owner. If a lien has been filed or if a claim has been made against Contractor's bond, no payment will be made by Contractor until Subcontractor has tendered to Contractor a release for each lien or claim, with such release being in a form acceptable to Contractor.

B. Contract modifications are required for change orders. Change orders shall be included in application for payment upon fully executed contract modifications and will be processed in accordance with the terms listed in Article II, subsection A.

C. Not withstanding any other provision of this contract, the Contractor shall retain during the progress of work under this contract 100% of said Subcontract Price. Payment of retainage and or final invoice will be released 30 days following the approval and acceptance of the Owner on all Project Work and Project Documentation.

D. In the event the Contractor believes any of the conditions listed below warrant such action, the Contractor may withhold from monthly progress payments due hereunder sums deemed necessary to protect the Contractor and Owner from any losses on account of: (i) defective work not remedied; (ii) failure of the Subcontractor to pay bills for labor and/or materials furnished in connection with the Subcontract Work; (iii) inability of Subcontractor to complete the Subcontract Work for the unpaid Subcontract balance; (iv) failure of the Subcontractor to diligently execute the Subcontract Work such that damages for delay are likely; (v) damages to another subcontractor; or (vi) breach by the Subcontractor of any provision or obligation of this Agreement.

E. At Contractor's election, any payments to Subcontractor may be made by one or more joint checks payable to Subcontractor and one or more of its material-man, laborers, or sub-subcontractors. Subcontractor agrees that any	joint check payments to the Subcontractor and any of Subcontractor's material-man, laborers, or sub-subcontractors shall constitute payment for the full amount of such joint check to the Subcontractor under this Agreement.

F. In the event Contractor receives notice of lien claim or bond claim by Subcontractor's material-man, sub-subcontractor, or laborer, Contractor may, at Contractor's option, directly pay any such claimant. Any such direct payment to a claimant and any expenses in processing such claim and payment shall be deducted from the Subcontract Price and from any payments due to Subcontractor. Subcontractor and Contractor further agree that Contractor will incur substantial additional costs and expenses in administration of claims when a notice is received, that such costs would be difficult to ascertain, that the sum of $250.00 would be a reasonable and just compensation to Contractor for each notice received, and that $250.00 for each notice should be deducted from the Subcontract Price and from any payments due to Subcontractor, as liquidated damages for such administration.

G. Final invoice shall be submitted with the attached Subcontractor's Final Release of Lien waiver when the work described in this contract is fully completed and performed in accordance with the contract documents. Any invoice not received within 365 days of job completion date will not be processed or honored by the Contractor.

H. Before issuance of progress payments, the Subcontractor, if required, shall submit evidence satisfactory to the Contractor that all payrolls, material, bills and all known indebtedness connected with the Subcontractor's percentage of work completed for that period have been satisfied.

I. No payments will be issued toward this contract until this signed original agreement is received by Greater Southwest Constructors, Inc.

ARTICLE III – INSURANCE & INDEMNIFICATION

A. Prior to starting work, the insurance required to be furnished shall be obtained from a responsible company or companies to provide proper and adequate coverage and satisfactory evidence will be furnished to the Contractor that the Subcontractor has complied with the requirements as stated in this section.

B. Subcontractor shall provide all insurance as required by contract documents including, but not limited to, fire insurance and extended coverage, consideration of public liability, property damage, employer’s liability, and worker's compensation insurance for the Subcontractor and his employees.

C. Subcontractor shall provide a current worker's compensation and general liability insurance certificate to the Contractor prior to commencement of work, listing Greater Southwest Constructors, Inc. as an additional insured and these policies shall remain in force for the entire length of the project. Should the insurance lapse, fail to renew, or be cancelled during the course of the project, the Contractor will request the Subcontractor cease all work until the policy has been reinstated. If the Subcontractor is unable to reinstate all required insurance coverage in a timely manner, the Contractor reserves the right to terminate the contract for this reason.

D. Note minimum insurance requirements note on page 4 of 11

E. Indemnity shall be upheld to the fullest extent permitted by law. The Subcontractor shall defend, indemnify and hold harmless the Contractor, the Contractor’s other Subcontractor’s, the Architect/Engineer, the Owner and their agents, consultants and employees (the Indemnitees) from all claims for bodily injury and property damage that may arise from the performance of the Subcontract Work to the extent of the negligence attributed to such acts or omissions by the Subcontractor, the Subcontractor’s subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable.

F. There shall be no limitation on liability in any and all claims against the Indemnitees by any employee of the Subcontractor, anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable. The indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE IV - ADDITIONAL OBLIGATIONS OF SUBCONTRACTOR

A. In addition to other engagements of the Subcontractor hereunder, Subcontractor hereby agrees that Subcontractor shall:

(1) Be bound to the Contractor by the terms of the Contract Documents and this Agreement, and assume toward the Contractor all the obligations and responsibilities that the Contractor, by those documents, assumes toward the Owner, as applicable to this Subcontract.

(2) Submit to the Contractor applications for payment at such times as stipulated in Article II so as to enable the Contractor to apply for payment.

(3) The above-specified project is to be completed in strict conformance with all specifications and conditions relating to this agreement. In addition, the project is to be performed in compliance with OSHA regulations and Local, State and National Building Codes.

(4) Guarantee his work against all defects of materials and/or workmanship as called for in the plans, specifications, and addenda, or if no guarantee is called for, then for a period of one (1) year from the dates of partial or total acceptance of the Subcontractor's work by the Owner.

(5) Should the Subcontractor fail at any time to supply a sufficient number of properly skilled workers and sufficient materials and equipment of the proper quality, as determined by the Contractor in its sole discretion, or fail in any respect to execute the subcontract Work with promptness and diligence as determined by the Contractor in its sole discretion, or fail to promptly correct defective Work or fail in the performance of any of the subcontractor's obligations herein contained, the Contractor may, at his option without notice, provide such labor, materials and equipment and deduct the cost thereof, together with all loss or damage occasioned thereby, from any money then due or thereafter to become due to the Subcontractor under this Agreement. If such costs, loss and or damage exceed the money then due or thereafter to become due to Subcontractor under the Agreement, Subcontractor shall pay to Contractor the balance of such excess.

(6) If the Subcontractor at any time shall refuse or neglect to supply sufficient properly skilled workers, or materials or equipment of the proper quality and quantity, or fail in any respect to prosecute the Subcontract Work with promptness and diligence, or cause by any action or omission the stoppage or interference with the work of the Contractor or other subcontractors, or fail in the performance of any of the covenants herein contained, or be unable to meet its debts as they mature, the Contractor may, at its option and at any time, terminate the Subcontractor's engagement hereunder by delivering written notice of termination to the Subcontractor. Thereafter, the Contractor may take possession of the Project and Subcontract Work, materials, tools, appliances, and equipment of the Subcontractor at the Project site, and through itself or others provide labor, equipment, and materials to prosecute the Subcontract Work on such terms and conditions as shall be deemed necessary. The Contractor shall deduct the cost thereof, including without restrictions thereto all charges, expenses, losses, costs, damages, and attorney's fees incurred as a result of the Subcontractor's failure to perform, from any money then due or thereafter to come due to the Subcontractor under this Agreement.

(7) If the Contractor so terminates the engagement of the Subcontractor hereunder, the Subcontractor shall not be entitled to any further payments under this Agreement until the Subcontract Work has been completed and accepted by the Owner and payment has been received by the Contractor. If the cost to complete the Subcontract Work (including all charges, expenses, losses, costs, demands and attorney's fees incurred as a result of the Subcontract termination) exceeds the unpaid Subcontract amount, Subcontractor shall pay to Contractor the balance of such excess.

(8) Make any and all changes or deviations from the original plans and specifications without nullifying the original contract when specifically ordered to do so in writing by the Contractor. The Subcontractor prior to the commencement of this revised work shall submit promptly to the Contractor written notices of the cost or credit proposal for such revised work in a manner consistent with the Contract documents. All written claims for extra compensation shall be subject to Article II, subsection B and Article IV, Paragraph Nine (9).

(9) Notwithstanding anything contained herein to the contrary, the decision of the Owner, or the Architect/Engineer as the Owner's representative, shall be final with regard to whether extra compensation is due and with regard to the amount of such extra compensation. If the work for which the Subcontractor claims extra compensation to be due is determined by the owner, or the Architect/Engineer as the Owner’s representative, to be such that the Contractor is not entitled to additional compensation for such work from the Owner, the Subcontractor shall waive its right to extra compensation for such work and release the Contractor for any liability for payment thereof.

(10) All change orders, modifications, claims for adjustments, and notices contemplated in this Article IV, Paragraph Eight (8), shall be in writing. Any change orders on the part of the Subcontractor shall be calculated at the rate of actual time and materials plus ten percent (10%) overhead and ten percent (10%) profit; Subcontractor shall maintain and provide to Contractor records documenting the time and materials incurred for the change. Subcontractor agrees that it will not invoice Contractor for any owner directed bilateral or unilateral changes until Contractor has received from Owner an executed change order or other written evidence of modification. Subcontractor may then include the invoice in the next monthly application for payment.

(11) Cooperate with the Contractor in scheduling his work so as not to conflict or interfere with the work of others and promptly clean up any surplus or refuse which was created by his work.

(12) Promptly comply with the Submittal Requirements set forth in Exhibit "A", attached hereto and incorporated herein, including but not limited to the provisions to Contractor of a "Schedule of Values" (herein so called), being a document listing the values allocated to the various portions of the Subcontract Work, prepared in such form and supported by such data to substantiate its accuracy as the Contractor may require.

(13) Provide a letter giving lead times on all furnished equipment to the Contractor as a submittal within five days of the date of your notice to proceed date which is stated in Article I.

(14) Be responsible for his employees, his subcontractors, materials, equipment and all applicable taxes, benefits and insurances.

(15) Comply with Federal, State and Local tax laws, Social Security laws and Unemployment Compensation laws and Worker's Compensation laws insofar as applicable to the performance of this Subcontract.

(16) Comply with all Federal, State and Local laws and ordinances applying to the building or structure and to comply and give adequate notices relating to the work to proper authorities and to secure and pay for all necessary licenses or permits to carry on the work as described in the Contract Documents as applicable to this Subcontract.

(17) Maintain a qualified person (the "Authorized Representative") approved by the Contractor on the job at all times the work is being performed by Subcontractor.

(18) Comply with Contractor's drug free workplace program, including Subcontractor's cooperation in testing of employees and Subcontractor's permanent removal of employees failing tests or refusing to submit to tests.

(19) All Subcontractors are responsible for disposing subcontractor related materials into designated open-top dumpsters as specified by Owner Recycle Program. Failure to follow program will result in a Chargeback by General Contractor at the hourly rate of $50.00/man hour that it takes to separate contaminated loads.

(20) Provide Contractor with a completed Subcontractor Identification Sheet, in substantially the same form as that attached hereto as Exhibit "B" and incorporated herein, for both Subcontractor and every sub-subcontractor, laborer, or material-man providing any portion of the Subcontract Work (and in this regard, Contractor shall have the right to withhold any payment to Subcontractor until such completed Subcontractor Identification Sheets have been submitted to Contractor).

ARTICLE V - MISCELLANEOUS

A. Greater Southwest Constructors, Inc. is an Equal Opportunity Employer. We are in compliance with the following EOE clauses [41CFR 60-1.4(a); 41CFR 60-250.4(a); and 41CFR 60-741.4(a)]. The Subcontractor is therefore bound to	be an EOE and comply with these clauses under this Subcontract Agreement.

B. Termination for Convenience. The Contractor may, at its option, at any time, terminate the whole or any part of this Agreement for the convenience of the Contractor. Subcontractor agrees that upon any such termination, the Subcontractor’s sole remedy shall be payment of full value for all work properly performed, plus a reasonable allowance for profit thereon, less all payments Subcontractor has previously received on account of such work performed. Such payments shall not include any anticipated or lost profits. Subcontractor agrees to waive all claims for damages, including claims for lost or anticipated profits, arising from or related to any such termination by Contractor.

C. All notices required to be given under this Agreement shall be deemed delivered when deposited in the United States mail, first class postage prepaid, addressed to the recipient, or if transmitted by facsimile, upon transmission with confirmation of receipt, at the address and telephone numbers set forth on the signature page hereto.

D. This Agreement contains the entire agreement of the parties. Subcontractor agrees and acknowledges that no representations or warranties of any kind have been made by Contractor or its employees other than those expressed herein. All prior agreements respecting the subject matter hereof have been incorporated in the terms herein and are no longer of any force or effect. All modifications to this Agreement shall be in writing signed by the parties. The terms of this Agreement supersede and control over any terms in any proposal, bid, invoice, quote or other document submitted to Contractor by Subcontractor.

E. In the event there is a conflict between the Contract Documents and any provisions of this Agreement, the terms of this Agreement shall govern.

F. Initial Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be resolved through direct discussions, the parties shall participate in mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to any other form of binding dispute resolution. The location of the mediation shall be the location of the Project. Once a party files a request for mediation with the other party and with the American Arbitration Association, the parties agree to commence such mediation within thirty (30) days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person to the other party and the mediator. Engaging in mediation is a condition precedent to any other form of binding dispute resolution.

G. In the event that the Contractor is required to retain the services of an attorney to enforce this Agreement, or to defend against any cause of action, claim, or counterclaim brought by the Subcontractor on which the Subcontractor does not prevail, the Contractor shall be entitled to recover the attorney's fees and costs which it has incurred, in addition to other remedies to which it is entitled under Texas law. In the event that the subcontractor is required to retain the services of an attorney to enforce this Agreement and the Subcontractor prevails in asserting a valid claim under this Agreement, the Subcontractor shall be entitled to recover attorney's fees and costs, which it has incurred in addition to other remedies to which it is entitled under Texas Law. In the event litigation is required to enforce this agreement, the venue of this action shall be in Parker County, Texas.

H. This contract must be signed and received in its original form to Greater Southwest Constructors, Inc. within 7 days of the date of this contract. Failure to return this original contract with original signature as specified will delay progress payments toward this contract as stated in Article II paragraph (A) of this contract.

I. Acceptance: The performance of any of the Subcontract Work by Subcontractor shall be deemed to be an acceptance and execution of this Agreement.

EXECUTED as of the date set forth below, but effective as set forth above.

Contractor: Greater Southwest Constructors, Inc.	Subcontractor:

___________________________________	____________________________________________

Contractors Name: Dustin Brown	Subcontractors Signature

Contractors Title: Contract Administrator	Printed Name & Title: __________________________

PO BOX 834

Weatherford, Texas 76086

Work # 817-596-3513

Fax # 817-596-3213

Date Signed: __________________	Date Signed: ________________________________

MINIMUM INSURANCE REQUIREMENTS:

GENERAL LIABILITY MUST HAVE A MINIMUM LIABILITY OF $500,000 UNLESS THE SPECIFICATIONS REQUIRE A GREATER AMOUNT OF LIABILITY AND THEN THE SPECIFICATIONS WILL OVER-RIDE. WORKERS COMPENSATION MUST HAVE A MINIMUM LIABILITY OF $500,000 UNLESS THE SPECIFICATIONS REQUIRE A GREATER AMOUNT OF LIABILITY AND THEN THE ASBESTOS ABATEMENT CONTRACTORS MUST PROVIDE INDEMNIFICATION.

****	ALL INSURANCE CERTIFICATES MUST LIST GREATER SOUTHWEST CONSTRUCTORS, INC. AS ADDITIONAL INSURED AND INCLUDE A WAIVER OF SUBROGATION SPECIFICATIONS WILL OVER-RIDE.

ARTICLE VI - WAGE SCALE

A. If a Wage Scale is required for this project by the Contract Documents, Subcontractor shall comply to the fullest extent. All Wage Scale projects require the Subcontractor to supply the Contractor with weekly Certified Payroll Reports each and every week that the Subcontractor is on job site. Failure to supply Certified Payroll Reports as required could delay progress payments.

SUPPLIERS or SUBCONTRACTORS THAT YOU WILL USE ON THIS PROJECT:

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

Subcontractor/Supplier Name: _________________________________________________________________

Contact Person:	__________________________________________________________________

Telephone Number: __________________________________________________________________

Fax Number: __________________________________________________________________

Material to be purchased: _______________________________________________________________

EXHIBIT "A"

SUBMITTAL REQUIREMENTS

Contractor:	Greater Southwest Constructors, Inc.

Subcontractor:

Job #:

Contract #:

Submittal Liquidated Damage Amount: $100.00

This Exhibit "A" is attached to that certain Subcontract Agreement between Greater Southwest Constructors, Inc.., as Contractor, and the Subcontractor identified above, relating to the Job and Contract identified above. All defined terms in the Agreement are incorporated into this Exhibit "A".

The Contract Documents require the Subcontractor to submit some or all of the items listed below. The omission here of any item called for by the Contract Documents does not relieve the Subcontractor from the obligation to provide the Contractor with all submittals required by the Contract Document; and the list set forth below is for the Subcontractor's convenience only. All Contract Documents are available for inspection and/or copying in the office of the Contractor. The Subcontractor shall contact the Contractor immediately if there is a need to review and/or copy any of the Contract Documents. The Subcontractor should submit the number of copies set forth above of all required submittals no later than the date specified below for each submittal. Each submittal must be stamped with a section number and section name before the Owner will accept these documents. Upon the Contractor's receipt of these submittals in complete form, the Contractor will submit them to the Owner for review. Any copies of submittals returned to the Contractor will be forwarded to the Subcontractor in due time. The Job number and Contract number listed above should be included on all correspondence relating to the Project.

If Subcontractor does not submit an item listed below on or before the date set forth below for that submittal, Contractor and Subcontractor agree that Contractor will incur substantial additional costs and expenses in administration of this Agreement, and that such costs and expenses could only be determined with great difficulty, or not at all. Accordingly, Contractor and Subcontractor stipulate and agree that (i) the Submittal Liquidated Damage Amount" (herein so called) set forth above is Subcontractor's and Contractor's reasonable estimate of the probable, daily loss that would be sustained by Contractor as a result of such delay, and (ii) that the Submittal Liquidated Damage Amount is not, and is not intended as, a penalty. If Subcontractor fails to submit a submittal item on or by the date set forth below for that item's submission, Subcontractor shall pay to Contractor within seven (7) days of Contractor's demand the Submittal Liquidated Damage Amount for each day that elapses after the date set forth below for that item, in which the submittal item is not received by Contractor. At Contractor's election, Contractor may waive this daily Submittal Liquidated Damage Amount for one, more, or all of the days in which the submittal is delinquent; however, any daily amount waived will not constitute a waiver of any future amount, which might become due.

If any submittal contains a substantial deviation from the Contract Documents, Subcontractor shall immediately notify Contractor in a separate writing of the deviation. Failure to do so will constitute a waiver by Subcontractor of any claimed right to deviate from the Contract Documents and strict compliance with the Contract Documents will be expected and required. Furthermore, Subcontractor agrees that no submittal may substantially deviate from the Contract Documents unless Contractor notifies Subcontractor in writing that such deviation is acceptable. Failure to so notify Subcontractor of acceptance of the deviation shall never constitute a waiver on the part of Contractor, but rather will constitute unequivocal proof that such deviation has not been accepted.

If a submittal is disapproved by the Owner or if it does not conform to the requirements of the Contract Documents in Contractor's opinion, Subcontractor shall conform the submittal and re-submit same within three (3) days of Contractor's notice of the disapproval or nonconformity. If the re-submitted item still is disapproved by the Owner or does not conform in Contractor's opinion, or if a conformed submittal is not re-submitted within said three-day period, the original, disapproved and/or non-conforming submittal will be deemed to have never been delivered.

The submittal items required, and the dates on which they are required to be submitted, are as follows:

Submittal Item	Number of Submittal Copies Required:	TWO (2)	Date Required / Not Required

CONTRACT

Schedule of Values

Certificate of Workman's Comp Insurance

Certificate of General Liability Insurance

Original Contract

W-9

Standard Form 1413	N/A

Payment and Performance Bond	N/A

Subcontractor Identification Sheet

PROJECT SUBMITTAL ITEMS	Number of Submittal Copies Required:	NINE (9)

Product Data/Manufacturer's Literature

Shop Drawings

List of Products with Lead Time Letters

Close-out Documents: Subcontractor to complete all work and closeout documents when workscope is completed. Payment will not be considered until all paperwork has been submitted.

PRODUCT DATA/SHOP DRAWINGS

Submittal Registry available upon request. attached for your convenience.

EXHIBIT "B"

SUBCONTRACTOR IDENTIFICATION SHEET

Contractor:	Greater Southwest Constructors, Inc.

Subcontractor:

Job #:

Contract #:

This Exhibit "B" is attached to that certain Subcontract Agreement between Greater Southwest Constructors, Inc.., as Contractor, and the Subcontractor identified above, relating to the Job and Contract identified above. All defined terms in the Agreement are incorporated into this Exhibit "B".

Company Name:

Work Phone Number:

Fax Phone Number:

Federal ID #:	_____________________________________________________________________________________

Is your Company Incorporated? _____________________________________________________________________________

Do you Carry General Liability Insurance? ____________________________________________________________________

Do you Carry Worker's Compensation Insurance? ______________________________________________________________

Have you requested the above insurance certificates to be sent to us? _______________________________________________

Are you an Equal Opportunity Employer? ____________________________________________________________________

Mr./Ms. ___________________________________ will be handling management and administrative responsibilities for this project.

Mr./Ms. ___________________________________ will be our on-site supervisor.

Subcontractor's Printed Name: ____________________________________________________________________________

Subcontractor's Signature: ________________________________________________________________________________

(Attached supplier & Sub-Subcontractor Information sheets must be completed and submitted as Attachment to Exhibit B)

EXHIBIT “C”

Subcontractor Certification of Compliance with the Immigration

and Reform Control Act of 1986

Subcontractor certifies that it has fully complied with the Immigration and Reform Control Act of 1986, and that it will continue to do so with regard to any work performed pursuant to this Agreement.

Subcontractor certifies that it has verified the identity and employment eligibility of all individuals hired by subcontractor to perform any services pursuant to this Agreement and that it has completed and retained a subcontractor to perform any services pursuant to this Agreement and that it has completed and retained a Form I-9 in compliance with applicable law. Subcontractor certifies that it has received, read and fully understands the Handbook for Employers (M274) published by the Department of Justice which provides an explanation of subcontractor’s responsibilities and rights of employees in the hiring and verification process. Subcontractor agrees to update its processes and procedures as required from time to time by the U.S. Citizenship and Immigration Services (formerly INS).

Subcontractor agrees that each person employed by subcontractor that reports to work at the project site will, as a prerequisite to work at the project site, present a government approved picture identification document and a completed I-9 form signed by the employer. These documents will be reviewed by contractor’s project superintendent. If in the opinion of contractor’s project superintendent that the documents appear to be in compliance with state and federal regulations, contractor will issue subcontractor’s employee a picture ID/employee verification badge which will be required to be worn by subcontractor’s employee at all times work is being performed on the project site. Said badge must be worn on the front of the shirt or uniform and be visible at all times. Subcontractor’s employee’s that subsequently report to the project site without the proper badge will be denied access to the project site.

Subcontractor understands and agrees that its failure to fully comply with the requirements of the immigration and Reform Control Act of 1986, to comply with Contractor’s request to inspect records, or any failure to comply with any of the requirements contained herin, may result in immediate termination of the Agreement between Contractor and Subcontractor.

Subcontractor:

By:

Signature

Printed Name

Title

Date

Subcontractor Certification of Compliance with the Immigration and Reform Control Act of 1986

SUBCONTRACTORS PREVIOUS DRAW RELEASE OF LIEN

Date: _____________________ Draw Request: _____________

Period Covered From: _______________ To: _______________

Company:

OWNER:	COST CODE #:

CONTRACT #:	JOB #:

STATEMENT OF CONTRACT ACCOUNT:

1. Original Contract Amount	$____________ 40,000.00

2. Approved Changes (Net) (Add/Deduct) (As per attached breakdown)	$____________

3. Adjusted Contract Amount	$____________

4. Value of Work Completed to Date: (As per attached breakdown)	$____________

5. Less Amount Retained %	<$____________>

6. Total Less Retainage	$____________

7. Total Previously Certified (Deduct)	<$____________>

8. AMOUNT OF THIS REQUEST	$____________

CERTIFICATE OF THE SUBCONTRACTOR: A & I Floor Covering

I hereby certify that the work performed and the materials supplied to date, as shown on the above represent the actual value of accomplishment under the terms of the Contract (and all authorized changes thereto) between the undersigned and Greater Southwest Constructors, Inc. relating to the above referenced project.

I also certify that payments, less applicable retention, have been made through the period covered by previous payments received form the contractor, to (1) all my subcontractors (sub-subcontractors) and (2) for all materials and labor used in or in connection with the performance of this Contract. I further certify I have complied with Federal, State and local tax laws, including Social Security laws and Unemployment Compensation laws and Workman's Compensation laws insofar as applicable to the performance of this Contract.

Furthermore, in consideration of the payments received, and upon receipt of the amount of this request, the undersigned does hereby waive, release and relinquish all claim or right of lien which the undersigned may now have upon the premises above described except for claims or right of lien for contract and/or change order work performed to extent that payment is being retained or will subsequently become due.

NOTE: Subcontractor shall list all materials delivered, work performed or services provided whether or not payment is currently due.

Person, Firm or Corporation furnishing Labor, Materials Services and/or Equipment	Total Amount of Labor, Materials, Services and/or Equipment	Amount of Materials delivered, Work Performed and/or Services Provided to Date	Amount Paid to Date	Unpaid to date

In consideration for the payment requested in this Application for Payment, the undersigned Subcontractor hereby releases all Mechanic’s Lien Rights, McGregor Act Bond Claims, Miller Act Bond Claims, Equitable Liens, and all other claims for payment arising out of labor, material, equipment, subcontract work, services, delays, extra work and/or changes, related to the Subcontract work at the project unless specifically listed below. Upon payment of the Subcontractor’s application for payment, this instrument shall constitute a full release of all rights, claims and demands through the date of this application, except as listed below:

Exclusions: ________________________________________________________________________________________________________________________________

______________________________

EXECUTED on this the	day of	,20

SUBCONTRACTOR:

By:

Name:

Title:

SWORN TO AND SUBSCRIBED before me, under my official hand and seal of office on this	day of	, 20

by

Notary Public, State of

A FALSE CERTIFICATION OF BILLS PAID ON WHICH PAYMENT IS MADE, IS A CRIMINAL OFFENSE UNDER TEXAS LAW. IT IS THE PRIME CONTRACTOR’S POLICY TO REFER ALL FALSE CERTIFICATIONS TO APPROPRIATE AUTHORITIES FOR PROSECUTION

SUBCONTRACTOR'S FINAL RELEASE OF LIEN

Date: ____________________

COST CODE #:

Project:

CONTRACT #:	AMOUNT OF CONTRACT:	$ 40,000.00

APPROVED CHANGE ORDERS:	$

REVISED CONTRACT:	$

JOB #:

The undersigned Subcontractor has agreed to, and by the receipt of final payment as shown below, full settlement of all billings and invoices against Greater Southwest Constructors, Inc. for the total amount of the contract as shown above and:

(1) Release and Waiver: The Subcontractor also hereby releases and waives any and all claims of any kind whatsoever, whether against Greater Southwest Constructors, Inc. or Wal-Mart Stores, Inc., in connection with the work performed under this contract.

(2) Certification and Indemnification: The Subcontractor hereby certifies that the contractor has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor and services performed, and for all known indebtedness and claims against the subcontractor for damages arising in any manner in connection with the performance of this contract for which Greater Southwest Constructors, Inc. or Wal-Mart Stores, Inc. might in any way be held responsible, and hereby indemnifies and holds harmless Greater Southwest Constructors, Inc. and Wal-Mart Stores, Inc. from and against any damages, losses, costs and expenses in connection with any claims by the Contractor's subcontractors.

(3) All Debts Paid Certification: The Subcontractor hereby certifies that all of the Subcontractors Material-men, Laborers, and Subcontractors have been fully paid and is waving all statutory Lien rights and releasing all bond claims.

(4) Final Payment: The payment of $_______________ which includes all changes, credits, withholdings/retainage under this contract constitutes full compensation hereunder and closes out this contract.

IN WITNESS WHEREOF, this release and waiver, certification and indemnification has been executed this ____ day of ______________, 20___.

(CORPORATE SEAL)

(If incorporated)	By: ________________________________(OFFICER)

Title: ________________________________________

Subscribed and sworn before me this ___________ day of _______________________, 20______.

Notary Public: _________________________________ My Commission Expires: _______________