Common use of LABOR AND MATERIALS Clause in Contracts

LABOR AND MATERIALS. § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. Except for Liens resulting from Architect’s or Owner’s wrongful refusal to issue a Certificate for Payment or Owner’s failure to pay any amounts actually due to Contractor under the Contract Documents, Contractor agrees to keep the Project free and clear from all mechanic’s liens, materialmen liens and other liens. The contractor shall discharge any such lien immediately but in no event more than thirty (30) days after filing of such a lien. In the event such lien is not released or discharged within such thirty (30) days period, Owner shall have the right to pay all sums necessary to discharge such liens and Owner shall have the right to deduct such amounts from any amounts due hereunder or demand immediate payment from the Contractor. In the event of any such deduction, the Contract Sum due under the Contract Documents automatically shall be reduced by the amount of such payment without the need for any Change Order. In no instance shall this provision affect any restrictions on liens based on any applicable law or regulation.