Performance Agreement Contract With Subcontractor

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Multi-State
Control #:
US-02453BG
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Description

Section 2-609 of the Uniform Commercial Code provides:

(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

How to fill out Notice Of Demand For Assurance Of Performance Due To Delegation Of Performance Of Agreement?

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FAQ

Under no circumstances should an employer use its employee performance review process to evaluate the work done by an independent contractor. It is also advisable to require independent contrac-tors to provide periodic progress reports and to submit regular invoices as defined tar-gets are met.

When a contract is drafted the following steps should be completed:Build a team of subject matter experts.Explain the problem that needs a solution.Review existing private-sector and public-sector solutions.Write a performance work statement (PWS) or a statement of objectives (SOO).More items...

A Performance-Based Agreements (PBA) documents the negotiated and agreed-upon level of support and associated funding required to meet performance requirements. A PBA with the user states the objectives that form the basis of the Performance-Based Life-Cycle Product Support effort to meet operational requirements.

Define the needs of the project.Finalize the provisions of the agreement, such as the due dates.Clarify the terms for payment.Write a draft of the contract and send it to the subcontractor for her review.Decide on a method to handle disputes, should one arise between you and the subcontractor.More items...

The main issues that should be in a subcontractor agreement are licensing, job and payment, timing, and defense and indemnification.Licensing.Scope of Work and Payment.Timing.Defense and Indemnification.

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Performance Agreement Contract With Subcontractor