Builders Lien Act Sample Clauses

The Builders Lien Act clause establishes the rights and procedures related to liens that contractors, subcontractors, and suppliers may place on a property to secure payment for work or materials provided. In practice, this clause outlines how and when a lien can be registered, the obligations of the property owner, and the steps required to resolve or discharge a lien, such as holding back a portion of payment until all claims are settled. Its core function is to protect those who contribute to a construction project by providing a legal mechanism to ensure they are paid, thereby reducing the risk of non-payment and disputes over compensation.
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Builders Lien Act. (a) The Parties acknowledge that Section 4.9 [Encumbrances] shall apply to claims for liens made against the Lands pursuant to the BLA and shall also apply to claims made against the City or the holdback under the BLA as though such a claim were an Encumbrance against the Lands as referred to therein. For clarity and without limiting the generality of the foregoing, Project Co shall promptly pay all proper accounts for work done or materials furnished under all contracts it enters into relating to the Project Work, subject to payment of those sums required to be retained under, and paid in accordance with, the provisions of Applicable Law, including the BLA, to the extent applicable to the Project Work and the Lands and Project Co shall not, by any act or omission, cause, encourage, suffer or allow any lien or claim under any Applicable Law or in equity to be made against the City or filed or registered against the Lands, the Existing Infrastructure or the Infrastructure by reason of work, services or materials supplied or claimed to have been supplied to Project Co or anyone claiming through or under Project Co. Project Co shall, at its own expense, promptly take all steps required to effect a discharge of any lien so filed or registered (b) Project Co shall withhold from each Project Contractor the holdbacks required under the BLA and shall deal with such holdbacks in accordance with the BLA. (c) Project Co shall require all Subcontracts to include an obligation to withhold the holdbacks required under the BLA and to deal with such holdbacks in accordance with the BLA. (d) Project Co shall, as a condition of final payment under any Project Contract for which lien rights or rights in respect of the holdback may be claimed under the BLA, require that a certificate of substantial performance under section 19 of the BLA for such Project Contract be issued and the relevant Project Contractor provide statutory declarations or other assurances confirming that all those engaged by the Project Contractor have been paid in accordance with Applicable Law. (e) Project Co shall follow the requirements of the BLA and Good Industry Practice for posting and advertising certificates of substantial performance and completion when issued. (f) Project Co shall promptly provide the City with a copy of any materials which are provided to the Senior Lenders to evidence compliance with the BLA. (g) Upon request by the City, Project Co shall perform and deliver to the City a sub...
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Builders Lien Act. If the Services to be performed under this Contract are subject to the holdback requirements set out in the Builders Lien Act (British Columbia) (the “Lien Act”), the City will withhold and discharge the required holdback amounts in accordance with the requirements set out in the Lien Act.
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Builders Lien Act. Where the Builders Lien Act applies to Work, the Recipient will or will cause its agents, employees, Subcontractors and others with whom it enters into agreements concerning the Work, to comply with the terms of the Builders Lien Act.
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Builders Lien Act. Builders Lien Act means the Builders Lien Act, S.B.C. 1997, c.45, as amended, and all regulations thereto, and any successor legislation in the Province of British Columbia in relation to builders liens.
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Builders Lien Act. The Landlord has filed a notice of interest in the land title office pursuant to Subsection 3(b) of the Builders Lien Act stating that the Landlord is giving notice that it will not be responsible for any improvements done to the Lands and Premises or improvements thereon, unless the improvements are undertaken at the express request of the Landlord.
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Builders Lien Act. The tenant covenants not to suffer or permit during the Term any builder’s lien or other charge or encumbrance to be registered or form a charge against the Land or Building and in the event of such a builder’s lien, charge or encumbrance, the Tenant will, at its sole cost, forthwith obtain a discharge thereof by payment or by giving of security or by taking of such proceeding as may be required or permitted under the Builder’s Lien Act or other law.
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Builders Lien Act. 5.1.1 Notwithstanding any other provision contained in this Contract, the Owner shall deduct and withhold from each payment otherwise due to the Contractor ten percent (10%) of each payment, or such other amount as may be required by the Builders Lien Act (the “Owner’s Holdback”). The Contractor agrees not to advance more than 90% of each progress draw for its Subcontractors, excluding Suppliers and consultants 5.1.2 The Owner shall establish, where required by the Builders Lien Act, a holdback account (the “Holdback Account”) with respect to the Contract at a savings institution selected by the Owner in its sole discretion (the “Savings Institution”). By written notice to the Contractor and to the Savings Institution, the Owner may add to or delete names from the list of its authorized signatories for the Holdback Account. The Holdback Account shall be: .1 an account in the name of the Owner only; .2 identified as a trust account; .3 an interest bearing savings account; and .4 non-accessible by automatic teller machine.
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Builders Lien Act. If the Services to be performed under this Contract are subject to the holdback requirements set out in the Builders Lien Act (British Columbia) (the “Lien Act”), VEC will withhold and discharge the required holdback amounts in accordance with the requirements set out in the Lien Act.
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Builders Lien Act 
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Related to Builders Lien Act

  • COMPLIANCE WITH WORKERS' COMPENSATION ACT Contractor shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the Department of Montana in accordance with ▇▇-▇▇-▇▇▇, ▇▇-▇▇-▇▇▇, and ▇▇-▇▇-▇▇▇, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither Contractor nor its employees are Department employees. This insurance/exemption must be valid for the entire contract term and any renewal. Upon expiration, a renewal document must be sent to the Department’s Contracts Management Bureau, ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.

  • Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

  • Energy Policy and Conservation Act Both parties hereby agree to comply with all mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

  • Lien Protection Lessee shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in, on, or about the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense, defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises. If Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to one and one-half times the amount of such contested lien claim or demand, indemnifying Lessor against liability for the same, as required by law for the holding of the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys' fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so.

  • Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.