Common use of Contractor Responsibility for Damages Without Termination Clause in Contracts

Contractor Responsibility for Damages Without Termination. 1. Reimbursement of damages resulting from the Contractor’s errors, omissions or negligent performance of the Work, breaches of the Contractor’s Contract, and failures by the Contractor to comply with the applicable standard of care shall be pursued actively by APS. Within a reasonable time after APS has actual knowledge of such error, omission or negligent performance or breach and has made a determination that there may be Contractor financial responsibility, the Contractor shall be given Notice of the error, omission, negligent performance or breach and that APS intends to hold the Contractor financially responsible. The Contractor shall in no more than fourteen (14) Days from the date of the Notice provide a technical solution to the identified problem, including cost estimate. The Contractor also shall coordinate with APS to determine required technical support and timing to minimize delays and costs to the construction project for which the Work is being provided (“Project”) resulting from the issue. Pending final decision by the Owner, the Contractor will be invited to attend all price negotiations for the corrective work with the person or entity under contract with APS to perform the construction work on the Project (“Construction Contractor”).