Orange County NC Website
sum properly allocable to labor, materials and equipment incorporated in the <br /> construction and ninety percent of the portion of the Contract sum properly <br /> allocable to materials and equipment suitably stored at the Site less the aggregate <br /> of previous payments in each case . Payments for materials or equipment stored <br /> on the Site shall be conditioned upon submission by the Contractor of Bills of <br /> Sale or such other procedures satisfactory to the Owner to establish the Owner' s <br /> title to such materials or equipment or otherwise protect the Owner' s interest . <br /> 4 . In Subparagraph 9 . 3 . 3 delete the first sentence and insert in its stead the <br /> following . <br /> " Title to equipment, material, and Work performed passes upon acceptance by <br /> the Owner . " <br /> Be Paragraph 9 . 10 "FINAL COMPLETION AND FINAL PAYMENT " <br /> 1 . Add the following sentence at the end of Subparagraph 9 . 10 . 26 <br /> "Whether the lien is eventually released , waived, bonded off, or satisfied , the <br /> Contractor shall be liable to the Owner for any payments or costs incurred by the <br /> Owner, including reasonable attorney fees , and the Owner shall be entitled to <br /> deduct said payments from any retainage owed by the Owner to the Contractor . " <br /> 2 . Add the following new Clause 9 . 10 . 2 . 1 : <br /> 9 . 10 . 2 . 1 Standard Form Lien Waivers : Unless specifically waived by Owner , <br /> and without limitation to Owner 's right to require any other lien waiver pursuant <br /> to Paragraph 9 . 10 . 2 or any other portion of the Contract Documents , the <br /> Contractor shall submit prior to any final payment an Affidavit and Lien Waiver <br /> executed by the Contractor and each Subcontractor in accordance with the <br /> following forms : <br /> a . The Contractor shall use the form entitled, "Affidavit and Lien Waiver <br /> by Contractor " attached hereto as Exhibit Be <br /> b . Each Subcontractor shall use the form entitled "Affidavit and Lien <br /> Waiver by Subcontractor or Material Supplier " attached hereto as Exhibit <br /> C . <br /> The Contractor may request copies of these forms from the Owner as necessary. <br /> In the event the Owner, Contractor, or Subcontractor has received a Notice of <br /> Claim of Lien on Funds , or Claim of Lien, the Contractor and any Subcontractor <br /> affected shall furnish an Affidavit and Lien Waiver by Subcontractor or material <br /> supplier executed by each lien claimant of record in the form set forth as Exhibit <br /> B if the claimant is the contractor, or on Exhibit C if the lien claimant is a <br /> Subcontractor or material supplier . <br /> IX . MODIFICATIONS OF ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY <br /> A . Paragraph 10 . 2 " SAFETY OF PERSONS AND PROPERTY " <br /> 1 . Insert the following at the end of Clause 10 . 2 . 1 . 38 "The Contractor shall restore <br /> all lawn, shrubs , trees , walks , roadways , structures, and utilities not designated <br /> for removal, which are damaged or disturbed by this Work, to their original <br /> SGC - 13 <br />