A New York Subcontract for the Construction of a Portion of a Building with Provisions for Termination for Cause and Retention of Amounts Due to the Subcontractor is a legally binding agreement between a contractor and a subcontractor for a construction project in New York. This kind of subcontract is specifically designed to address the termination of the agreement due to a justified cause, allowing the contractor to complete the work and retain all amounts owed to the subcontractor. This subcontract typically includes the following key provisions: 1. Identification of Parties: The subcontract clearly identifies both the contractor and subcontractor, including their legal names and contact details. 2. Scope of Work: The subcontract outlines the specific portion of the construction project that the subcontractor will be responsible for, along with any associated materials that need to be supplied. 3. Payment Terms: The subcontract details the payment terms agreed upon between the contractor and subcontractor. It specifies the subcontractor's compensation and the schedule of payments, such as progress payments or milestone-based payments. 4. Termination for Cause: This provision defines the circumstances under which the contractor has the right to terminate the subcontract for cause. Valid reasons for termination may include the subcontractor's failure to perform the work as agreed, refusal to comply with project specifications, or repeated breaches of the subcontract. 5. Contractor's Right to Complete Work: If the subcontract is terminated for cause, this provision grants the contractor the right to complete the subcontractor's work. It outlines the process by which the contractor will assume responsibility for completing the remaining work and specifies any changes in compensation or timeframes. 6. Retention of Amounts Due: This provision states that, in the event of termination for cause, the contractor is entitled to retain all amounts due to the subcontractor until the completion of the project. The withheld amounts may be used to cover any additional costs incurred by the contractor due to the subcontractor's termination, such as hiring replacement subcontractors or addressing work deficiencies. It's important to note that there might be different types of New York subcontracts for construction, each with their specific provisions tailored for unique situations. For example, there could be a subcontract for electrical work, plumbing work, or HVAC installation. However, regardless of the type, subcontracts within New York's construction industry often include similar provisions related to termination for cause and retention of amounts due. It is crucial for both parties to carefully review the subcontract and ensure their rights and obligations are clearly defined and understood before signing the agreement.