Availability of Lands – The owner shall furnish the site.The owner shall notify the contractor of any encumbrances or restrictions not of general application, but specifically related to use of the site with which the contractor must comply in performing the work.
Taxes – The contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the cont ractor in accordance with the laws and re gulations of South Carolina which are applicable duri ng the performance of the work.
Responsibility –The contractor shall be solely re sponsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the site or who may be affected by the work; (ii) all th e work an materials and equipment to be incorporated therein, whether in storage on or off the site; and (iii) other property at the site or adjacent thereto, in cluding, but not limited to, tr ees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facili ties not designated for removal, relocation, or replacement in the course of construction.
Safety Programs and Procedures –The contractor shall comp ly with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety protecti on. The contractor sh all notify owners of adjacent property and of undergr ound facilities and other utility owners when prosecution of the work may affect them, and shall coope rate with them in the protection, removal, relocations, and replacement of their propert .
Contract Compliance –The contractor warrants and guarantees to the owner that all work will be in accordance with the contract documents and will not be defective. The contractor’s warranty hereunde r excludes defects or damage s caused by: (i) abuse or improper maintenance; or (ii) normal wear and tear under the usage intended by the parties at the time of bid opening (or, if no bidding occurs, at the time of the effective date of the agreement).
Contractor may Stop Work or Terminate –If the work is suspended for more than ninety (90) consecutive days by the owner, or under an order of the court or at his/her public authority, or engineer fails to ac t on any application for payment within thirty (30) days after it is submitted, or the owner fails for thirty (30) days to pay the contractor any sum finally determined to be due, the contractor may, upon seven days written notice to the owner and the engineer, an provided the owner and the engineer do not remedy such suspension or failure within that ti me, terminate the contract and recover from the owner payment on the same terms. In lieu of terminating the contract and without prejudice to any other right or remedy, if the engineer has failed to act on an application for payment within thirty (30) days after it was submitted, or the owner has failed for thirty (30) days to pay the contractor any sum finally determined to be due, the contractor may, seven (7) days after written notice to the owner and the engineer, stop the work until payment is made of all such amounts due the contractor, including interest thereon.
