Common use of Liens and Claims Clause in Contracts

Liens and Claims. 16.1 The Contractor shall not file, cause to be filed, or allow any person claiming by or through the Contractor to file any lien in any way related to this Contract without first giving the Owner and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right of lien arises. 16.2 The Owner or the Owner’s Representative shall have the right to cause any such lien to be canceled and discharged by bonding or otherwise in either of the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Notice. 16.3 Any expense so incurred by the Owner’s Representative or the Owner in connection with such cancellation or discharge, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursements, shall be paid by the Contractor upon demand or, at the option of the Owner, shall be deducted from any payment then due or thereafter becoming due to the Contractor.

Liens and Claims. 16.1 The Contractor shall not file, cause to be filed, or allow any person claiming by or through the Contractor to file any lien in any way related to this Contract without first giving the Owner and the Owner’s Representative OR ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right of lien arises. 16.2 The Owner or the Owner’s Representative OR shall have the right to cause any such lien to be canceled and discharged by bonding or otherwise in either of the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative OR as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s RepresentativeOR, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Notice. 16.3 Any expense so incurred by the Owner’s Representative Owner or the Owner OR in connection with such cancellation or discharge, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursements, shall be paid by the Contractor upon demand or, at the option of the Owner, shall be deducted from any payment then due or thereafter becoming due to the Contractor.

Liens and Claims. 16.1 The 13.01 If, at any time, there is any lien or claim of any kind whatsoever filed against the Project by a Trade Contractor or anyone claiming under or through Construction Manager for work performed or materials, supplies or equipment furnished in connection with the Work for which Owner shall have paid or reimbursed Construction Manager, and Construction Manager shall not filehave reimbursed such Trade Contractor or other person or entity, then, Construction Manager shall, within fourteen (14) days after notice from Owner, cause such lien or encumbrance to be filedcanceled and discharged of record by bonding or otherwise as a General Conditions expense as provided in Section 3.01. 13.02 If, at any time, there is any lien or allow claim of any person kind whatsoever filed against the Project by a Trade Contractor or anyone claiming by under or through Construction Manager or a Trade Contractor for work performed or materials, supplies or equipment furnished in connection with the Contractor Work for which Owner shall not have paid or reimbursed Construction Manager by reason of Owner’s proper exercise of its right to file withhold payment to Construction Manager under the applicable provisions of this Agreement, then, Construction Manager shall, within fourteen (14) days after notice from Owner, cause such lien or encumbrance to be cancelled and discharged of record by bonding or otherwise, at Owner’s sole cost and expense. 13.03 If any lien in any way related required to this Contract without first giving the Owner and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim be removed pursuant to which it Sections 13.01 hereof is claimed such right not cancelled and discharged of lien arises. 16.2 The record as aforesaid, Owner or the Owner’s Representative shall have the right to cause any take such lien to be canceled and discharged by bonding or otherwise in either of action as Owner shall deem appropriate (which shall include the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails right to cause such lien to be canceled cancelled and discharged within ten (10) calendar days from of record by bonding or otherwise, and in such Notice. 16.3 Any expense so event, all costs and expenses incurred by the Owner’s Representative or the Owner in connection with such cancellation or dischargetherewith (including, including the without limitation, premiums upon for any bond finance furnished for such cancellation and discharge in connection therewith, and reasonable attorneys’ fees and disbursements, ) shall be paid by the Contractor upon demand orConstruction Manager to Owner on demand, or at the option of the Owner, shall be deducted from any payment then due or thereafter becoming due from Owner to Construction Manager in accordance with the Contractorprovisions of this Agreement. 13.04 All of the above actions shall be conducted in accordance with lien laws in the State where the Project is located.

Liens and Claims. 16.1 The 13.01 If, at any time, there is any lien or claim of any kind whatsoever filed against the Project by a Trade Contractor or anyone claiming under or through Contractor for work performed or materials, supplies or equipment furnished in connection with the Work for which Owner shall have paid or reimbursed Contractor, and Contractor shall not filehave reimbursed such Trade Contractor or other person or entity, then, Contractor shall, within thirty (30) days after notice from Owner, cause such lien or encumbrance to be filedcanceled and discharged of record by bonding or otherwise as a General Conditions expense as provided in Section 3.01. 13.02 If, at any time, there is any lien or allow claim of any person kind whatsoever filed against the Project by a Trade Contractor or anyone claiming by under or through Contractor or a Trade Contractor for work performed or materials, supplies or equipment furnished in connection with the Work for which Owner shall not have paid or reimbursed Contractor by reason of Owner’s proper exercise of its right to file withhold payment to Contractor under the applicable provisions of this Agreement, then, Contractor shall, within thirty (30) days after notice from Owner, cause such lien or encumbrance to be cancelled and discharged of record by bonding or otherwise, at Owner’s sole cost and expense. 13.03 If any lien in any way related required to this Contract without first giving the Owner and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement of the dollar amount of any claim be removed pursuant to which it Sections 13.01 and 13.02 hereof is claimed such right not cancelled and discharged of lien arises. 16.2 The record as aforesaid, Owner or the Owner’s Representative shall have the right to cause any take such lien to be canceled and discharged by bonding or otherwise in either of action as Owner shall deem appropriate (which shall include the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails right to cause such lien to be canceled cancelled and discharged within ten (10) calendar days from of record by bonding or otherwise, and in such Notice. 16.3 Any expense so event, all costs and expenses incurred by the Owner’s Representative or the Owner in connection with such cancellation or dischargetherewith (including, including the without limitation, premiums upon for any bond finance furnished for such cancellation and discharge in connection therewith, and reasonable attorneys’ fees and disbursements, ) shall be paid by the Contractor upon demand orto Owner on demand, or at the option of the Owner, shall be deducted from any payment then due or thereafter becoming due from Owner to Contractor in accordance with the Contractorprovisions of this Agreement. 13.04 All of the above actions shall be conducted in accordance with lien laws in the state of New Jersey.

Liens and Claims. 16.1 The Contractor 18.1 Subcontractor shall not file, cause to be filed, or allow any person claiming by or through keep the Contractor to file any lien in any way related to this Contract without first giving the Owner Project and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis lands upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right situated free from all mechanic’s liens, claims on bonds, and all other claims and/or liens by reason of lien arisesSubcontractor’s Work or of any materials or other things used by Subcontractor, Subcontractor’s agents, employees, materialmen, suppliers and sub-subcontractors. 16.2 The 18.2 Subcontractor shall defend, indemnify and hold harmless Contractor, Contractor’s sureties and Owner from any lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) filed or maintained by any laborer, materialmen, sub-subcontractor, supplier, entity or other person directly or indirectly acting for, through or under Subcontractor, against the Owner’s Representative Project or any portion thereof or any interest therein, or against any monies due or to become due from Owner to Contractor, or from Contractor to Subcontractor, or which may be payable under any bond provided by Contractor relating to the Project. Without limiting the generality of the foregoing Subcontractor shall have the right to cause any such lien lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) to be canceled and satisfied, removed or discharged by bonding bond, payment or otherwise in either of the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Noticethe filing. 16.3 Any expense so incurred 18.3 If Subcontractor fails to remove, by bond, payment or otherwise, any lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) or otherwise fails to cause the Owner’s Representative or the Owner in connection with such cancellation or discharge, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursements, shall be paid by the Contractor upon demand or, at the option withdrawal of the Ownersame as required by 18.2, shall be deducted from Contractor may retain sufficient funds out of any payment then money due or thereafter becoming to become due by Contractor to the Subcontractor to pay same and all costs incurred by reasons thereof, and may pay said lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) out of any funds at any time in Contractor’s hands owing to Subcontractor, whether under this Subcontract Agreement or otherwise.

Liens and Claims. 16.1 The Contractor 24.1 CONTRACTOR shall not fileobtain releases of liens and claims, cause in form and substance acceptable to COMPANY, executed by all persons or entities who by reason of furnishing materials, equipment, labor or other services under this CONTRACT are or may be filedactual or potential lien holders or claimants and COMPANY may withhold payment herewith until CONTRACTOR provides such releases to COMPANY. 24.2 CONTRACTOR shall provide COMPANY with an outline of CONTRACTOR’S procedure for completing the WORK free of all claims, liens and encumbrances and CONTRACTOR shall indemnify and hold harmless COMPANY and its AFFILIATES and defend them from any and all claims or allow liens filed and/or made in connection with the WORK including all expenses and attorneys’ fees incurred in discharging any person claiming by claims, liens or through similar encumbrances. 24.3 If CONTRACTOR shall default in discharging any lien(s) or claim(s) upon the Contractor to file any lien in any way related to this Contract without first giving FACILITY, materials, equipment, structures or the Owner and the Owner’s Representative ten (10) calendar days advance written Notice premises upon which they are located arising out of the prospective lienor’s intent to file such lien and the basis upon which a right of lien is claimed, including an express statement performance of the dollar amount WORK by CONTRACTOR, its contractors, subcontractors or suppliers, COMPANY shall promptly notify CONTRACTOR in writing and give CONTRACTOR an opportunity to satisfy or defend any such lien(s) or claim(s). If CONTRACTOR does not satisfy such lien(s) or claim(s) or cannot give COMPANY satisfactory reasons in writing for not paying such lien(s) and claim(s), and/or provide a bond for same in a form acceptable to COMPANY within twenty (20) days of any claim pursuant to which it is claimed such right of lien arises. 16.2 The Owner or the Owner’s Representative receiving notice from COMPANY, COMPANY shall have the right right, at its option, after written notification to cause any such lien CONTRACTOR, to be canceled and discharged settle by bonding agreement or otherwise in either provide for the discharge of the following events: 16.2.1 If the Contractor, such lien(s) or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner claim(s); and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor CONTRACTOR shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Notice. 16.3 Any expense so reimburse COMPANY for all direct costs incurred by the Owner’s Representative COMPANY necessary to discharge such lien(s) or the Owner in connection with such cancellation or dischargeclaim(s) including administrative costs, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursementsother expenses. 24.4 CONTRACTOR shall submit written notice to COMPANY of any and all claims, demands or proceedings by CONTRACTOR GROUP against COMPANY GROUP arising out of or related to COMPANY’S performance of the terms and conditions of this CONTRACT. Such notice must be given to COMPANY clearly marked with the caption “Notice of Claim’ on every page of the document within fourteen (14) days after CONTRACTOR has had notice of or should reasonably have been expected to have had notice of the basis for such claims, demands or proceedings and, with regard to claims, demands and proceedings arising after completion of the WORK, not later than sixty (60) days after ACTUAL FINAL COMPLETION DATE. Notwithstanding the provisions above, if COMPANY files a claim against CONTRACTOR or attempts to adjust compensation due to CONTRACTOR, CONTRACTOR shall have no less than sixty (60) days to respond and/or file a counterclaim. 24.5 CONTRACTOR shall include a clause similar to the above in all of its subcontracts. Further, in the event that any claim, demand or proceeding is made or commenced against COMPANY GROUP by or on behalf of any member of CONTRACTOR GROUP (other than CONTRACTOR) arising out of or in connection with CONTRACTOR’s performance of the WORK, CONTRACTOR shall defend, indemnify and hold COMPANY GROUP harmless to the full extent provided in this CONTRACT from and against any and all damages or costs (including administrative costs, attorneys’ fees and other expenses) associated with or related to such contractor or subcontractor claim, demand or proceeding, and such damages or costs shall be paid by the Contractor upon demand orCONTRACTOR. Any statutes of limitation notwithstanding, at the option CONTRACTOR expressly agrees that its right to bring or assert against COMPANY GROUP any and all of the Ownersuch claims, demands or proceedings shall be deducted from any payment then due or thereafter becoming due waived unless timely notice is given to the ContractorCOMPANY as set forth above. 24.6 Not used.

Liens and Claims. 16.1 The Contractor 18.1 Subcontractor shall not file, cause to be filed, or allow any person claiming by or through keep the Contractor to file any lien in any way related to this Contract without first giving the Owner Project and the Owner’s Representative ten (10) calendar days advance written Notice of the prospective lienor’s intent to file such lien and the basis lands upon which a right of lien is claimed, including an express statement of the dollar amount of any claim pursuant to which it is claimed such right situated free from all mechanic’s liens, claims on bonds, and all other claims and/or liens by reason of lien arisesSubcontractor’s Work or of any materials or other things used by Subcontractor, Subcontractor’s agents, employees, materialmen, suppliers and sub- subcontractors. 16.2 The 18.2 Subcontractor shall defend, indemnify and hold harmless Contractor, Contractor’s sureties and Owner from any lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) filed or maintained by any laborer, materialmen, sub-subcontractor, supplier, entity or other person directly or indirectly acting for, through or under Subcontractor, against the Owner’s Representative Project or any portion thereof or any interest therein, or against any monies due or to become due from Owner to Contractor, or from Contractor to Subcontractor, or which may be payable under any bond provided by Contractor relating to the Project. Without limiting the generality of the foregoing Subcontractor shall have the right to cause any such lien lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) to be canceled and satisfied, removed or discharged by bonding bond, payment or otherwise in either of the following events: 16.2.1 If the Contractor, or any person claiming by or through the Contractor, files or causes to be filed a lien without giving proper advance Notice to the Owner and the Owner’s Representative as required as set forth above; or 16.2.2 If any Subcontractor or any person or entity claiming by or through such Subcontractor shall file or cause to be filed any lien, or the Contractor, upon Notice from the Owner or the Owner’s Representative, fails to cause such lien to be canceled and discharged within ten (10) calendar days from such Noticethe filing. 16.3 Any expense so incurred 18.3 If Subcontractor fails to remove, by bond, payment or otherwise, any lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) or otherwise fails to cause the Owner’s Representative or the Owner in connection with such cancellation or discharge, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys’ fees and disbursements, shall be paid by the Contractor upon demand or, at the option withdrawal of the Ownersame as required by 18.2, shall be deducted from Contractor may retain sufficient funds out of any payment then money due or thereafter becoming to become due by Contractor to the Subcontractor to pay same and all costs incurred by reasons thereof, and may pay said lien, claim of lien, bond claim, or claim of any other nature (whether in law or equity) out of any funds at any time in Contractor’s hands owing to Subcontractor, whether under this Subcontract Agreement or otherwise.