Construction Contract Template (Page 5 of 7) in pdf

9.10. Safety. Contractor shall be responsible for initiating, maintaining and supervising

all safety precautions and programs in connection with the Work. Contractor shall comply with

all applicable laws and regulations relating to the safety of persons or property.

9.11. Continuing the Work. Contractor shall carry on the Work and adhere to the

progress schedule during all disputes or disagreements with Owner.

9.12. Damage to the Work. Contractor shall repair or replace, at Contractor’s sole

expense, every portion of the Work that is damaged or destroyed prior to Final Completion and

caused in whole or in part by the acts or omissions of Contractor. Notwithstanding the foregoing,

Owner shall bear the cost of such repair or replacement if the sole cause of the damage or

destruction of the Work was Owner’s negligence.

9.13. Warranty. Contractor warrants and guarantees to Owner that all Work will be in

accordance with the Contract Documents and will not be defective. If within one year after the

date of Final Completion or such longer period of time as may be prescribed by laws or

regulations or by the terms of any specific provision or applicable special guarantee in the

Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost

to Owner and in accordance with Owner’s written instructions, promptly either correct such

defective Work, or if it has been rejected by Owner, remove it from the Property and replace it

with nondefective Work. If Contractor does not promptly comply with the terms of such

instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner

may have the defective Work corrected or the rejected Work removed and replaced, and all

direct, indirect and consequential costs of such removal and replacement (including but not

limited to fees and charges of engineers, architects, attorneys and other professionals) will be

paid by Contractor.

9.14. Indemnity and Hold Harmless. Contractor shall indemnify and hold harmless

Owner against all loss, liability, cost expense, damage and economic detriment of any kind

whatsoever that arises out of or results from performance of the Work but only to the extent

caused in whole or in part by the acts or omissions of the Contractor.

9.15

Related Work at Property. Owner may perform other work at the Property which

is not part of the Work by Owner’s own forces or let other direct contracts therefor. Contractor

shall afford Owner’s own forces and each other contractor who is a party to such a direct

contract proper and safe access to the Property and a reasonable opportunity for the introduction

and storage of materials and equipment and the execution of such work. Contractor shall do all

cutting, fitting and patching of the Work that may be required to make its several parts come

together properly and integrate with such other work. Contractor shall not endanger any work of

others by cutting, excavating or otherwise altering their work and will only cut or alter their

work with the written consent of Owner and the others whose work will be affected.

MULTISTATE CONSTRUCTION CONTRACT – Single Family – Fannie Mae HOMESTYLE MODEL DOCUMENT

Form 3734

11/01

(page 5 of 7 pages)

Construction Contract Template Page 5