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Re:CAUTION

cdn is right when he says "have your lawyer read the contract before you sign it". That should go for ANY contract. I'm no big fan of the legal community nor lawyers, but after having to resort to legal action in the past for payment (are you reading this Ken Moulds, aka Badger Contracting?) I learned my lesson. The waivers to rights contained in the contract mentioned by cdn MAY BE UNInFORCEABLE in court, but quite possibly cost you dearly in legal fees to challenge. Bottom line: any contract should be preapproved by YOUR attorney before you waive any of your rights arising from disputes.

>I recently tried to sign on with IFCI as a sub splicer but after reading the contract, decided there was NO protection in the document for my company. Two clauses:"The Subcontractor agrees to waive ALL rights to lien IFCI...for ANY dispute which may arise within this agreement and agrees to pay IFCI all out-of-pocket costa including attorneys' fees if subcontractor is in default of any provision within this agreement." Listen up, boys and girls, your rights to lien are all that you have...don't EVER sign them away.
>2nd clause: "Subcontractor agrees not to be engaged in,nor in any manner whatsoever become interested, directly or indirectly, either as an employee, as owner. as partner, as agent or as stockholder, director or officer of a corporation in ant business directly in competition with IFCI and clients of IFCI and shall not solicit clients of IFCI for his own gain for a period of 5 years from the date of this subcontract, or 5 years from the termination or completion of the subcontract, whichever is later." Every cable contractor in the US is a competitor of IFCI. This basically means you work for them or no one. The INTENT of this clause is to prevent subs from going around the prime's back directly to the customer...which is fine...but the wording is something else again. If you're interested in this job, make SURE you have a lawyer check the contract THOROUGHLY...mine did and that's why I won't sign it as written.
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>>Need 20 Aerial & 20 Splice crews for job in Iowa
>>
>>Possibility exists for future work
>>
>>Please email the following address for prices and project information:
>>
>> (-REDACTED-)
>>
This is CABL.com posting #49518. Tiny Link: cabl.co/mm2Q
Posted in reply to: CAUTION by cdnsplicer
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