Construction Contract Provisions Clause Samples

Construction Contract Provisions. Retainage:

Construction Contract Provisions. Lessee agrees to abide by and include the following provisions in all contracts it enters into with successful contractors in connection with the construction and completion of any improvements to the Premises: “The Contractor shall indemnify and hold harmless County, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify County, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against County by reason of any such claim or demand, Contractor shall, upon written notice from County, resist and defend such action or proceeding by counsel satisfactory to County. The indemnification provided for herein shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at County’s option, any and all claims of liability and all suits and actions of every name and description covered by the foregoing indemnification, that may be brought against County, whether performed by Contractor, or persons employed or utilized by Contractor.”

Construction Contract Provisions. The Base Building Construction Contract and the Tenant Work Construction Contract shall each include, without limitation, sufficient and appropriate provisions for: (i) reasonably detailed and unambiguous procedures for the administration of change orders and construction change directives, (ii) in the case of the Base Building Construction Contract, express warranties that the work performed under the Base Building Construction Contract is warranted to be free from defects in materials and workmanship for a period of at least one (1) year from the Date of Substantial Completion, (iii) insurance in forms and amounts customary for the construction of a first-class office building in Baltimore, Maryland (iv) the performance of work under the respective construction contracts and subcontracts in accordance with the respective construction documents and in accordance with the standards of workmanship and materials for a first-class office building in Baltimore, Maryland, (v) the timely payment of sums due under the respective construction contract and the prompt discharge of all liens and claims of lien, (vi) reasonable measures for conducting operations in a manner which guards against damage to property and injury to persons, (vii) the coordination of work by separate contractors, (viii) in the case of the Tenant Work Construction Contract, the agreement that Tenant's Contractor shall not file a mechanic's or materialman's lien against Landlord's interest in the Land, the Base Building, or both, and shall limit its lien rights to Tenant's Leasehold Estate, and (ix) in the case of the Base Building Construction Contract, the agreement that Landlord's Contractor shall not file a mechanic's or materialman's lien against all or part of the Tenant Work but shall limit its lien rights to Landlord's interest in the Land, the Base Building or both.

Construction Contract Provisions. The Construction Contract between StadCo and the General Contractor must include provisions which protect the GWCCA and StadCo during and after construction under the following circumstances: (a) customary payment and performance security for the payment and performance by the General Contractor or its subcontractors, which may include payment and performance bonds or other appropriate security and will be furnished by the General Contractor or its subcontractors to the extent required by StadCo or Applicable Laws or Code Requirements and name the GWCCA as a joint or co-obligee thereunder; (b) indemnification (which will include commitments to defend and hold harmless) consistent with indemnification provisions customarily provided by prime contractors for construction projects with a scope similar to that of the NSP and which is in compliance with Applicable Laws and Code Requirements; and (c) a builder’s risk insurance policy and such other insurance as described in Section 7.4(a)(i)-(ii). Each such indemnity and insurance policy will name both the GWCCA and StadCo, and StadCo’s affiliates, as joint indemnitees and as additional insureds, as the case may be. The GWCCA may from time to time request in writing that StadCo furnish to the GWCCA a certificate or certified copy of the insurance provided by the General Contractor.

Construction Contract Provisions. ▇▇▇▇▇▇ agrees to abide by and include the following provisions in all contracts it enters into with successful contractors in connection with the construction and completion of any Improvements to the Premises: "Contractor shall indemnify and hold harmless County, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of contractor, and other persons employed or utilized by contractor in the performance of this Agreement. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due contractor under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County."

Construction Contract Provisions. ‌ 7.8.1 ▇▇▇▇▇▇▇▇ “Anti-Kickback” Act Compliance