Common use of Title to Work Clause in Contracts

Title to Work. Contractor warrants that title to all Work covered by each Application for Payment will pass to Owner no later than the time of payment on account of such Application for Payment. Contractor further warrants that upon submittal of each Application for Payment, all Work for which payments have been received shall be free and clear of all liens, bond claims, Claims, security interests, and other encumbrances arising from or relating to the Work. This Section shall not relieve Contractor of: (i) its sole responsibility for all Work, (ii) any obligation to restore damaged Work, or (iii) its requirement to fulfill of all the terms of the Contract Documents, including, but not limiting, correction of any Defective Work. However, until Owner takes occupancy of all or any portion of the Project, as the case may be, all Work and Materials shall continue to be in the care and custody of Contractor, who shall bear the risk of loss for the same except to the extent insured pursuant to Article 8. The provisions of this Section concerning title to Work for which Owner makes payment shall not constitute an acceptance of the Work, except as otherwise set forth in the Contract Documents.

Title to Work. Contractor warrants that title to all Work covered by each Application for Payment will pass to Owner no later than the time of payment on account of such Application for Payment. Contractor further warrants that upon submittal of each Application for Payment, all Work for which payments have been received shall be free and clear of all liens, bond claims, Claims, security interests, and other encumbrances arising from or relating to the Work. This Section shall not relieve Contractor of: (i) its sole responsibility for all Work, (ii) any obligation to restore damaged Work, or (iii) its requirement to fulfill of all the terms of the Contract Documents, including, but not limiting, correction of any Defective Work. However, until Owner takes occupancy of all or any portion of the Project, as the case may be, all Work and Materials shall continue to be in the care and custody of Contractor, who shall bear the risk of loss for the same except to the extent insured pursuant to Article 8. The provisions of this Section concerning title to Work for which Owner makes payment shall not constitute an acceptance of the Work, except as otherwise set forth in the Contract Documents.. SAMPLE