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WTC contract addendum contractor liability and payment retainage

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Contract addendum establishing contractor liability for property damage and defining five percent payment retainage requirements.

NYC-WTC_000140344–000140347

Folder label: “SCOPES OF WORK IN DOOR AIR & CLEANING

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NYC 9/11 Public Portal Document

1

In consideration of the mutual covenants and agreements contained in the Contract, the Contractor agrees as follows:

The Contractor agrees to look solely to DEP for payment of all sums due and owing to it for the Work performed hereunder, and the Contractor hereby waives and relinquishes any right to assert a mechanic’s lien or other lien against any real property where work is being performed hereunder to secure or collect payment of such sums, including any buildings or apartments where such work is being performed.

The Contractor agrees to insert a similar provision in any subcontract for labor, equipment, or materials entered into by the Contractor for purposes of performing work hereunder, requiring the subcontractor or supplier to look solely to the Contractor, or to any monies held by DEP applicable to such work in accordance with and subject to the procedures for filing a lien for a public improvement under the New York State lien law, for payment of any sums due to the subcontractor or supplier, and to relinquish any right to assert a mechanic’s lien or other lien against any such real property to secure or collect payment of such sums.

AGREED TO AND ACCEPTED:

[Name of Contractor]

By_ Title:

Date:

addendum, wpd

NYC-WTC_000140345

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NYC-WTC_000140345Source: NYC Law Department, mirrored locally

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