Common use of COMPLETION OF WORK AFTER DEFAULT Clause in Contracts

COMPLETION OF WORK AFTER DEFAULT. A. If the CMR defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written Notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the CMR's plant, materials, equipment, tools and supplies remaining under the control of the Owner, and also such Subcontractors as it may deem advisable and may take any or all of the following actions: 1. Have the defaulted Work performed by others; 2. Supplement the CMR's work force; 3. Withhold payments due the CMR and use such payments to satisfy any claims for moneys owed by the CMR in connection with the Project, in accordance with any provisions of the Contract Documents; 4. Replace or repair any defective Work; 5. Terminate the CMR’s performance of the Contract. B. The CMR shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the CMR. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the CMR shall pay to the Owner the amount of any deficiency.

COMPLETION OF WORK AFTER DEFAULT. A. If the CMR defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written Notice notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the CMR's plant, materials, equipment, tools and supplies remaining under on the control of the OwnerProject Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions: 1. Have the defaulted Work performed by others; 2. Supplement the CMR's work force; 3. Withhold payments due the CMR and use such payments to satisfy any claims for moneys owed by the CMR in connection with the Project, in accordance with any provisions of the Contract Documents; 4. Replace or repair any defective Work; 5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety; 6. Terminate the CMR’s performance of the Contract. B. The CMR and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, the amount of any liquidated damages, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the CMR. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the CMR and its Surety shall pay to the Owner the amount of any deficiency.

COMPLETION OF WORK AFTER DEFAULT. A. If the CMR Contractor defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written Notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the CMRContractor's plant, materials, equipment, tools and supplies remaining under on the control of the OwnerProject Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions: 1. Have the defaulted Work performed by others; 2. Supplement the CMRContractor's work force; 3. Withhold payments due the CMR Contractor and use such payments to satisfy any claims Claims for moneys owed by the CMR Contractor in connection with the Project, in accordance with any provisions of the Contract Documents; 4. Replace or repair any defective Defective Work; 5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety; 6. Terminate the CMRContractor’s performance of the ContractContract in whole or in part. B. The CMR Contractor and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, the amount of any liquidated damages, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the CMRContractor. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the CMR Contractor and its Surety shall pay to the Owner the amount of any deficiency.

COMPLETION OF WORK AFTER DEFAULT. A. If the CMR defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written Notice notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the CMR's plant, materials, equipment, tools and supplies remaining under on the control of the OwnerProject Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions: 1. Have the defaulted Work performed by others; 2. Supplement the CMR's work force; 3. Withhold payments due the CMR and use such payments to satisfy any claims for moneys owed by the CMR in connection with the Project, in accordance with any provisions of the Contract Documents; 4. Replace or repair any defective Work; 5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety; 6. Terminate the CMR’s performance of the Contract. B. The CMR and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, the amount of any liquidate d damages, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the CMR. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the CMR and its Surety shall pay to the Owner the amount of any deficiency.

COMPLETION OF WORK AFTER DEFAULT. A. 1. If the CMR defaults Contractor does not cure the default or neglects comply with these provisions, PWCSA, three days after declaring the Contractor in default, may have the Work completed or the defective equipment or machinery replaced, or anything else done to perform complete the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written Notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose purpose, without additional cost to the Owner PWCSA, such of the CMRContractor's plant, materials, equipment, tools and supplies remaining under on the control of the OwnerSite, and also such Subcontractors subcontractors as it may deem advisable and may take any or all of the following actions: 1. Have a. delete part or parts of the defaulted Work from the Contract and contract to have it performed by others; 2. Supplement b. supplement the CMRContractor's work force; 3. Withhold c. withhold payments due the CMR Contractor and use such payments to satisfy any claims for moneys monies owed by the CMR Contractor in connection with the Project, in accordance with any provisions of the Contract DocumentsArticle 11.C.2; 4. Replace d. replace or repair any defective Work, machinery or equipment; 5. Terminate e. terminate the CMR’s performance of the ContractContractor pursuant to Article 10.F.1.j. B. 2. The CMR Contractor shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, the amount of any liquidated damages, and any and all costs incurred in connection with the Owner’s exercise of any right upon defaultactions listed in this Article. 3. Any costs incurred in connection with completing or correcting the Work shall will be deducted from the amounts then or thereafter due the CMRContractor. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the CMR Contractor shall pay to the Owner PWCSA the amount of any deficiency. 4. In the event the Contractor fails to pay PWCSA the costs specified in this Article, the Contractor shall be liable for all costs, expenses and attorney fees incurred by PWCSA in collecting the amounts due. 5. In the event of termination for default, PWCSA may direct that the Contractor, or one or more of its Subcontractors, or both, be barred from the Project Site and not be permitted to perform further Work.