Common use of Default of Contract Clause in Contracts

Default of Contract. The Contractor may be declared in default and the contract terminated if Contractor: (a) fails to begin the work under the Contract within 10 calendar days of the date of the Notice to Proceed except as otherwise permitted by specific contract language or the provisions of Section 108.02, or (b) fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the work, or (c) performs the work unsuitably or neglects or refuses to remove materials or perform anew work that is unacceptable, or (d) discontinues prosecution of the work, or (e) fails to resume work that has been discontinued within a reasonable time after notice to do so, or (f) becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency (g) allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) makes an assignment for the benefit of creditors, or (i) fails for any other cause whatsoever to carry on the work or contractual obligations in an acceptable manner. (j) fails to complete preconstruction requirements within thirty calendar days of the date of execution of the County – Contractor Agreement as required by the provisions of Section 105.1. If any one or more of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the County may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the County may call upon the Contractor’s surety for the satisfactory and expeditious completion of all work under the Contract or may otherwise terminate the Contract in accordance with the provisions of Section 108.08. If the Contractor’s surety fails or refuses to proceed with the work in accordance with the instructions of the surety documents, the County will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and charges incurred by the Department, including the cost of completing the work under the Contract, will be deducted from any monies due or that will become due the Contractor and his surety. If the expense incurred by the Department is less than the sum that would have been payable under the Contract had the work been completed by the Contractor, the Contractor and his surety will be entitled to receive the difference. If the expense exceeds the sum that would have been payable under the Contract, the Contractor and his surety shall be liable for and shall pay to the County the amount of the excess.

Default of Contract. The Contractor may be declared in default and the contract terminated if Contractor: (a) fails to begin the work under the Contract within 10 calendar days of the date of the Notice to Proceed except as otherwise permitted by specific contract language or the provisions of Section 108.02, or (b) fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the work, or (c) performs the work unsuitably or neglects or refuses to remove materials or perform anew work that is unacceptable, or (d) discontinues prosecution of the work, or (e) fails to resume work that has been discontinued within a reasonable time after notice to do so, or (f) becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency (g) allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) makes an assignment for the benefit of creditors, or (i) fails for any other cause whatsoever to carry on the work or contractual obligations in an acceptable manner. (j) fails to complete preconstruction requirements within thirty calendar days of the date of execution of the County Owner – Contractor Agreement as required by the provisions of Section 105.1. If any one or more of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the County may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the County may call upon the Contractor’s surety for the satisfactory and expeditious completion of all work under the Contract or may otherwise terminate the Contract in accordance with the provisions of Section 108.08. If the Contractor’s surety fails or refuses to proceed with the work in accordance with the instructions of the surety documents, the County will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and charges incurred by the Department, including the cost of completing the work under the Contract, will be deducted from any monies due or that will become due the Contractor and his surety. If the expense incurred by the Department is less than the sum that would have been payable under the Contract had the work been completed by the Contractor, the Contractor and his surety will be entitled to receive the difference. If the expense exceeds the sum that would have been payable under the Contract, the Contractor and his surety shall be liable for and shall pay to the County the amount of the excess.

Default of Contract. The Contractor may be declared in default and the contract terminated if Contractor: (a) fails to begin the work under the Contract within 10 calendar days of the date of the Notice to Proceed except as otherwise permitted by specific contract language or the provisions of Section 105.01 or Section 108.02, or (b) fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the work, or (c) performs the work unsuitably Work in such manner that it is unacceptable, or fails, neglects or refuses to promptly remove and replace materials or perform anew work that is are unacceptable, ; or (d) discontinues prosecution of the workwork witjput an order to do so form the County, or (e) fails to resume work that has been discontinued within a reasonable time after notice to do so, or (f) becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency (g) allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) makes an assignment for the benefit of creditors, or (i) fails for any other cause whatsoever to carry on the work or contractual obligations in an acceptable manner. (j) fails to complete preconstruction requirements within thirty calendar days of the date of execution of the County – Contractor Agreement as required by the provisions of Section 105.1. If any one or more of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the County may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the County may call upon the Contractor’s surety for the satisfactory and expeditious completion of all work under the Contract or may otherwise terminate the Contract in accordance with the provisions of Section 108.08. If the Contractor’s surety fails or refuses to proceed with the work in accordance with the instructions of the surety documents, the County will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and charges incurred by the Department, including the cost of completing the work under the Contract, will be deducted from any monies due or that will become due the Contractor and his surety. If the expense incurred by the Department is less than the sum that would have been payable under the Contract had the work been completed by the Contractor, the Contractor and his surety will be entitled to receive the difference. If the expense exceeds the sum that would have been payable under the Contract, the Contractor and his surety shall be liable for and shall pay to the County the amount of the excess.

Default of Contract. The Contractor may be declared in default and the contract terminated if Contractor: (a) fails to begin the work under the Contract within 10 calendar days of the date of the Notice to Proceed except as otherwise permitted by specific contract language or the provisions of Section 108.02, or (b) fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the work, or (c) performs the work unsuitably or neglects or refuses to remove materials or perform anew work that is unacceptable, or (d) discontinues prosecution of the work, or (e) fails to resume work that has been discontinued within a reasonable time after notice to do so, or (f) becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency (g) allows any final judgment to stand against him unsatisfied for a period of 10 daysdays , or (h) makes an assignment for the benefit of creditors, or (i) fails for any other cause whatsoever to carry on the work or contractual obligations in an acceptable manner. (j) fails to complete preconstruction requirements within thirty calendar days of the date of execution of the County Owner – Contractor Agreement as required by the provisions of Section 105.1. If any one or more of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the County may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the County may call upon the Contractor’s surety for the satisfactory and expeditious completion of all work under the Contract or may otherwise otherwis e terminate the Contract in accordance with the provisions of Section 108.08. If the Contractor’s surety fails or refuses to proceed with the work in accordance with the instructions of the surety documents, the County will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and charges incurred by the Department, including the cost of completing the work under the Contract, will be deducted from any monies due or that will become due the Contractor and his surety. If the expense incurred by the Department is less than the sum that would have been payable under the Contract had the work been completed by the Contractor, the Contractor and his surety will be entitled to receive the difference. If the expense exceeds the sum that would have been payable under the Contract, the Contractor and his surety shall be liable for and shall pay to the County the amount of the excess.