13.2.1 In the event that a claim for lien is registered against the by Project a or and provided the has paid all Subcontractor Supplier, Owner amounts properly owing under the then the Contract, Contractor shall, at its own expense: .1 within 10 calendar days of by the Notice in Writing Owner to the to do so, ensure that any and all claims Contractor for lien and certificates of action are discharged, released, or vacated by the posting of security or otherwise; and .2 in the case of written notices of lien, ensure that such notices are withdrawn, in writing. 13.2.2 In the event that the fails to conform with the Contractor requirements of paragraph 13.2.1, the may fulfil those Owner requirements without further to the Notice in Writing Contractor and set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including the costs of posting security and all legal fees and disbursements associated with discharging or vacating the claim for lien or certificate of action and defending the action. If there is no amount owing by the to the then the shall reimburse the Owner Contractor, Contractor for all of the said costs and associated expenses. Owner GC 13.3 CONTRACTOR DISCHARGE OF LIABILITIES 13.3.1 In addition to the obligations assumed by the pursuant Contractor to General Condition 3.7 SUBCONTRACTORS AND – SUPPLIERS, the agrees to discharge all liabilities Contractor incurred by it for labour, materials, services, and Subcontractors used or reasonably required for use in the performance Products, of the except for amounts withheld by reason of legitimate Work, dispute which have been identified to the party or parties, from whom payment has been withheld. GC 13.4 RECORDS/DAILY REPORTS/DAILY LOGS 13.4.1 The shall maintain and keep accurate records Contractor Project (which means all tangible records, documents, computer printouts, electronic information, books, plans, Drawings, Specifications, accounts or other information relating to the in its office in Work) Ontario in accordance with requirements of law, but in any event for not less than 6 years from Substantial Performance of the Work or until all claims have been settled. During this time, the shall allow the access to the records Contractor Owner Project during normal business hours upon the giving of reasonable notice.
13.2.1 In the event that a claim for lien is registered against the Project by a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, then the Contractor shall, at its own expense: .1 within 10 calendar days of Notice in Writing by the Owner to the Contractor to do so, ensure that any and all claims for lien and certificates of action are discharged, released, or vacated by the posting of security or otherwise; and .2 in the case of written notices of lien, ensure that such notices are withdrawn, in writing. 13.2.2 In the event that the Contractor fails to conform with the requirements of paragraph 13.2.1, the Owner may fulfil those requirements without further Notice in Writing to the Contractor and set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including the costs of posting security and all legal fees and disbursements associated with discharging or vacating the claim for lien or certificate of action and defending the action. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses. GC 13.3 CONTRACTOR DISCHARGE OF LIABILITIES 13.3.1 In addition to the obligations assumed by the Contractor pursuant to General Condition 3.7 – SUBCONTRACTORS AND SUPPLIERS, the Contractor agrees to discharge all liabilities incurred by it for labour, materials, services, Subcontractors and Products, used or reasonably required for use in the performance of the Work, except for amounts withheld by reason of legitimate dispute which have been identified to the party or parties, from whom payment has been withheld. GC 13.4 RECORDS/DAILY REPORTS/DAILY LOGS 13.4.1 The Contractor shall maintain and keep accurate Project records (which means all tangible records, documents, computer printouts, electronic information, books, plans, Drawings, Specifications, accounts or other information relating to the Work) in its office in Ontario in accordance with requirements of law, but in any event for not less than 6 years from Substantial Performance of the Work or until all claims have been settled. During this time, the Contractor shall allow the Owner access to the Project records during normal business hours upon the giving of reasonable notice.
RFPUOIT09062018-CCDC2-Supplementary-Conditions.docx