Sub-contractor clause

[ACS]

Texas

I have a contract that I plan on signing. I wasn't ever told that I have to have written permission to use a sub. They know contractor use sub-contractors in this industry (Janitorial).

I need to have the availability to use a sub when I decide there is a need, which is quite often.

Per the contract: If any of the following shall occur, Owner shall have the option, at its sole discretion and with out cause to terminate this agreement:

1) Contractor fails to per form etc.....
2) Contractor disregards laws, ordinances, etc....
3) Contractor fails to provide required certificates etc.....
4) Contractor is adjudged bankrupt etc...

Here the one clause that I THOUGHT I may have trouble agreeing with (exactly from the contract it reads):
5) Contractor uses a subcontractor to perform the Work with prior written consent of Owner.

Should that read -" Without "- the written consent of Owner? - This contract doesn't have the correct wording.
It says that if I have written permission I could be terminated. Right?

Meaning there would be no issue if I did use a sub, because I signed nothing saying that I need written permission to use a sub-contractor.

Without Owner's permission - would be my only reason for holding up signing this contract. Tell me that I don't have to change the verbiage or amend the contract. I need to keep my mouth shut and sign it; thus avoiding any additional cost and red tape.

Please assist me,
Thanks
ACS

 

[divgradcurl]

Texas

I have a contract that I plan on signing. I wasn't ever told that I have to have written permission to use a sub. They know contractor use sub-contractors in this industry (Janitorial).

I need to have the availability to use a sub when I decide there is a need, which is quite often.

Per the contract: If any of the following shall occur, Owner shall have the option, at its sole discretion and with out cause to terminate this agreement:

1) Contractor fails to per form etc.....
2) Contractor disregards laws, ordinances, etc....
3) Contractor fails to provide required certificates etc.....
4) Contractor is adjudged bankrupt etc...

Here the one clause that I THOUGHT I may have trouble agreeing with (exactly from the contract it reads):
5) Contractor uses a subcontractor to perform the Work with prior written consent of Owner.

Should that read -" Without "- the written consent of Owner? - This contract doesn't have the correct wording.
It says that if I have written permission I could be terminated. Right?

Meaning there would be no issue if I did use a sub, because I signed nothing saying that I need written permission to use a sub-contractor.

Without Owner's permission - would be my only reason for holding up signing this contract. Tell me that I don't have to change the verbiage or amend the contract. I need to keep my mouth shut and sign it; thus avoiding any additional cost and red tape.

Please assist me,
Thanks
ACS

Get the wording correct -- any issues that arise now from trying to clear up the ambiguity will only be multiplied down the road if any issues arise under the contract. You don't want to run your business assuming that the courts will interpret the contract your way. Obvious typographical errors can be overlooked by the courts, and the courts may interpet the contract based on the intent of the clause in the case of an ambiguity.