Representing Sevier & Cocke Counties

509 High Street, Sevierville, TN 37862
Toll Free: 866.453.7242; 865.453.4712; Fax 865.908.8220
Text Box: jointly. The obligation of the Subcontractor to indemnify and hold the Builder harmless shall not be enforceable if and only if it be determined by arbitration of judicial proceeding that the injury, death or damages complained or was attributable solely to the fault or negligence of the Builder or his officers, agents, or employees damages complained or was attributable solely to the fault or negligence of the Builder or his officers, agents or employees and not in any manner or in any part attributable to the Subcontractor. The Subcontractor agrees to reimburse the Builder for and not in any manner or in any part attributable to the Subcontractor. The Subcontractor agrees to reimburse the Builder for all sums which the Builder may pay or be compelled to pay in settlement of any claim hereunder, including any claim under the provisions of any workmen’s compensation law or any plan for employee’s benefits which the Builder may adopt. The Builder shall be entitled to withhold for payment otherwise due pursuant to this subcontract such amount of amounts as may be reasonably necessary to protect it against liability for any personal injury, death or property damage resulting from the performance of the work hereunder. MECHANICS LIEN—Subcontractor shall furnish all partial and final lien waivers (waivers refer to the instruments executed by reason of payment or waiver of payment) and release and sworn statements under the Tennessee State Mechanic's Lien Law, for Subcontractor and for all Subcontractor’s material men and suppliers in a form satisfactory and acceptable to Builder as a condition precedent to partial and final payments to Subcontractor hereunder, as may be required by Builder. In any lien or other encumbrance or any claim of the nonpayment of labor, materials or supplies furnished to Subcontractor is asserted, claimed or filed against Builder’s property arising out of the contract or said work hereunder, notwithstanding the furnishing of said lien waivers or sworn statements by Subcontractor on the making of any said payments to Subcontractor, the Subcontractor shall protect, indemnify, hold harmless and defend the Builder, and its successors and assigns, from and against all such liens and encumbrances and all costs, fee, loss, damage and expenses (including, but not limited to attorneys fees and litigation expenses) in connection therewith. Any such assertion or claim may be treated by Builders as default of the contract and Builder on behalf of itself may take action as it deems necessary to mitigate its damages and charge the cost and expense thereof to Subcontractor. CLEAN-UP—Subcontractor agrees to clean up all debris, trash, and refuse generated by his own trade at the end of each day and deposit into trash bin provided by Builder, and shall clean all walls, floors and other finished surfaces soiled as a result of his trade into trash bin provided by Builder, and shall clean all walls, floors and other finished surfaces soiled as a result of his trade. Subcontractor further agrees to deposit into trash bin or haul away all boxes, crates, or containers that may have been used to bring materials or fixtures to the job site. Subcontractor agrees to leave the job broom clean for the next trade. In the event the Subcontractor fails to comply with the above after receiving the proper notice of the problem and the opportunity to correct it. Builder may back charge the Subcontractor the for the cost of the debris removal and clean up. The Subcontractor should report to the Builder if the job has not been cleaned within acceptable practices by the prior Subcontractor. DEFAULT—If Subcontractor shall default in the performance of any of his duties or obligations hereunder, and such default shall continue after verbal or written notice. Builder may immediately terminate this Agreement. Subcontractor shall be due only such sums for approved work up until termination and shall furnish lien waivers to Builder upon termination and payment. CARE OF MATERIALS—Subcontractor agrees to be diligent in the proper care of materials supplied by Builder. All usable materials are to be stored in an orderly way that protects them from wind, moisture and provides general site safety. All non-usable materials are to be culled and properly disposed of in trash bins provided. Builder may at its discretion hold Subcontractor accountable for value of materials damaged by negligent Subcontractor care. Builder may back charge the Subcontractor for the cost of materials, deemed by Builder to be damaged by negligent Subcontractor care. Subcontractor promptly shall notify Builder of any defects in any materials supplied by Builder. PAYMENT—Builder shall provide stated time frames for Subcontractor to submit invoices for the work performed. Invoices not received by the stated time will be processed and paid in the next pay period.

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