Common use of Contractor’s Right To Stop Work And Terminate For Cause Clause in Contracts

Contractor’s Right To Stop Work And Terminate For Cause. 13.3.1 Contractor may, in addition to any other rights afforded it under the Contract Documents or by applicable law, either stop work or terminate the Agreement for cause upon Owners failure to timely pay an amount in excess of $100,000 dollars properly due to Contractor under any Contractor Application for Payment. In this regard Contractor shall provide Owner with written notice indicating that such non-payment condition has occurred, and that it is Contractor’s intention to only stop work or terminate the Agreement if the non-payment condition is not cured within seven (7) calendar days from Owner’s receipt of Contractor’s notice. In the event that Contractor elects to only stop work, it may nonetheless later indicate its intention to terminate the Agreement by providing Owner with written notice that Contractor will terminate the Agreement within seven (7) calendar days from receipt of Contractor’s notice; unless the alleged cause of termination is cured in the interim. 13.3.2 In the event Contractor properly and lawfully elects to stop work under Section 13.3.1 for non-payment and then resumes work, Contractor shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) of performance to the extent Contractor has been adversely impacted by the stoppage of work. In the event that Contractor elects to terminate the Agreement on the basis permitted under Section 13.3.1, Contractor shall be entitled to recover the same costs it would be permitted to recover had Owner terminated this Agreement for its convenience under Section 13.1 of these General Conditions.

Appears in 4 contracts

Samples: Construction Services Agreement, Job Order Contract, Job Order Contract

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Contractor’s Right To Stop Work And Terminate For Cause. 13.3.1 Contractor may, in addition to any other rights afforded it under the Contract Documents or by applicable law, either stop work or terminate the Agreement for cause upon Owners failure to timely pay an amount in excess of one hundred thousand and no/100 Dollars ($100,000 dollars 100,000.00) properly due to Contractor under any Contractor Application for Payment. In this regard Contractor shall provide Owner with written notice indicating that such non-payment condition has occurred, and that it is Contractor’s intention to only stop work or terminate the Agreement if the non-payment condition is not cured within seven (7) calendar days from Owner’s receipt of Contractor’s notice. In the event that Contractor elects to only stop work, it may nonetheless later indicate its intention to terminate the Agreement by providing Owner with written notice that Contractor will terminate the Agreement within seven (7) calendar days from receipt of Contractor’s notice; unless the alleged cause of termination is cured in the interim. 13.3.2 In the event Contractor properly and lawfully elects to stop work under Section 13.3.1 for non-payment and then resumes work, Contractor shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) of performance to the extent Contractor has been adversely impacted by the stoppage of work. In the event that Contractor elects to terminate the Agreement on the basis permitted under Section 13.3.1, Contractor shall be entitled to recover the same costs it would be permitted to recover had Owner terminated this Agreement for its convenience under Section 13.1 of these General Conditions.

Appears in 3 contracts

Samples: Standard Form Agreement, Job Order Contract, Job Order Contract

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