Common use of LABOUR AND PRODUCTS Clause in Contracts

LABOUR AND PRODUCTS. Add new paragraphs 3.8.1A and 3.8.1B as follows: 3.8.1.1 Products, services and equipment used and delivered to the Place of Work or intended to be used in the carrying out of this Contract shall be free and clear and shall be kept free and clear of all liens, charges and encumbrances. In the event of there being a lien, charge or encumbrance or a claim for a lien, charge or encumbrance the Owner may retain from the amount otherwise payable to the Contractor, an amount sufficient to satisfy and discharge the same.” 3.8.1.2 If the Owner gives to the Contractor written notice of his intention to satisfy and discharge any such lien, charge or encumbrance or a claim for a lien, charge or encumbrance and, within three (3) days of receipt of such notice, the Contractor does not show cause, satisfactory to the Consultant acting reasonably, why such lien, charge or encumbrance should not be satisfied and discharged, the Owner shall be at liberty and authorized to satisfy and discharge the same and charge the costs, including legal fees, thereof to the Contractor. The Contractor agrees to indemnify and keep indemnified and save harmless the Owner from any and all liens, charges and encumbrances arising as a result of the Contractor’s performance of the Work as more particularly defined in GC 12.1 Indemnification. Delete GC 3.8.2 and replace with the following: Products provided shall be new and shall conform to all current applicable specifications of the Canadian Standards Association, Canadian Government Specifications Board or General Standards Board, National Building Code, Ontario Building Code and all governmental authorities having jurisdiction at the Place of the Work unless otherwise required. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. Add new paragraph 3.8.2A as follows: 3.8.2.1 Products brought onto the Place of the Work by the Contractor shall be deemed to be the property of the Owner, but the Owner shall be under no liability for loss thereof or damage thereto arising from any cause whatsoever. The said products and materials shall be at the sole risk of the Contractor.

LABOUR AND PRODUCTS. Add new paragraphs 3.8.1A and 3.8.1B as follows: 3.8.1.1 Products, services and equipment used and delivered to the Place of Work or intended to be used in the carrying out of this Contract shall be free and clear and shall be kept free and clear of all liens, charges and encumbrances. In the event of there being a lien, charge or encumbrance or a claim for a lien, charge or encumbrance the Owner may retain from the amount otherwise payable to the Contractor, an amount sufficient to satisfy and discharge the same.” 3.8.1.2 If the Owner gives to the Contractor written notice of his intention to satisfy and discharge any such lien, charge or encumbrance or a claim for a lien, charge or encumbrance and, within three (3) days of receipt of such notice, the Contractor does not show cause, satisfactory to the Consultant acting reasonably, why such lien, charge or encumbrance should not be satisfied and discharged, the Owner shall be at liberty and authorized to satisfy and discharge the same and charge the costs, including legal fees, thereof to the Contractor. The Contractor agrees to indemnify and keep indemnified and save harmless the Owner from any and all liens, charges and encumbrances arising as a result of the Contractor’s performance of the Work as more particularly defined in GC 12.1 Indemnification. Delete GC 3.8.2 and replace with the following: Products provided shall be new and shall conform to all current applicable specifications of the Canadian Standards Association, Canadian Government Specifications Board or General Standards Board, National Building Code, Ontario Building Code and all governmental authorities having jurisdiction at the Place of the Work unless otherwise required. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. Add new paragraph 3.8.2A as follows: 3.8.2.1 Products brought onto the Place of the Work by the Contractor shall be deemed to be the property of the Owner, but the Owner shall be under no liability for loss thereof or damage thereto arising from any cause whatsoever. The said products and materials shall be at the sole risk of the Contractor.. Change paragraph 3.8.3 to read: