Common use of Default Suspension and Termination Clause in Contracts

Default Suspension and Termination. A. Design-Builder default. When UGAA determines or has reason to believe that one or more of the following conditions of default exists, UGAA may issue a notice of pending default to Design-Builder and its Surety on Performance and Payment Bonds. A nonexclusive list of conditions of default follows: 1. Design-Builder’s disregard of its Project safety obligations; 2. Design-Builder’s failure to correct Defective Work – or to correct failures to perform in accordance with this Agreement – promptly upon becoming aware of either; 3. Design-Builder’s failure to correct Defective Work required pursuant to its warranty obligations – or to perform any other warranty-related obligations hereunder; 4. Multiple or continuing occasions of Design-Builder’s provision of Defective Work or Noncompliant Work or failure to perform in accordance with this Agreement; 5. Design-Builder’s failure to achieve progress toward Milestone Dates or consistent with the Project Schedule; 6. Design-Builder’s failure to timely pay Subcontractors (or failure to cause prompt payment of any Subcontractor of any tier); 7. Design-Builder’s failure to manage the Work or to supply the Project at all times with an adequate number of appropriately skilled workers and materials as needed to timely and competently perform the Work; 8. Design-Builder’s failure to provide and maintain required Payment and Performance Bonds and insurance coverage and to provide verifiable proof thereof, as required in this Agreement; 9. Design-Builder’s violation of, or failure to abide by, any governmental statutes, ordinances, regulations or other Laws; 10. Unlawful conduct by Design-Builder, its directors, officers, members, or employees, or its Subcontractors or Subconsultants of any tier involving or relating to the Project, the Property, the Work, or UGAA; 11. Design-Builder’s financial insolvency, its inability to provide reasonable assurances of solvency upon UGAA’s request, its inability meet its financial obligations as they mature, its making of a general assignment in favor of creditors, its subjection to appointment of a receiver, or the dissolution or downgrading of Design-Builder’s business organization; 12. Design-Builder’s failure to obtain immediate cancellation or discharge of any lien as required herein; 13. Design-Builder’s failure to timely provide, upon request, substantiation and documentary proof of costs, financial records, or its failure to timely satisfy other reporting obligations hereunder; 14. Design-Builder’s loss of licensure in Georgia for any reason – or Design-Builder’s loss of licensure for cause in any other jurisdiction; 15. Design-Builder’s failure to abide by its Open Records Act obligations; 16. Design-Builder’s violation of regulations and other Laws pertaining to the preservation of the environment or safety of workers or the public; 17. Design-Builder’s failure to achieve Substantial Completion within the Contract Time; 18. Design-Builder’s failure to timely correct and complete Punchlist Work; 19. Design-Builder’s failure to timely complete its Closeout Obligations as set forth herein; 20. Design-Builder’s breach of an obligation under Article XIV; or 21. Any repeated or continuing Design-Builder breach of any other obligation set forth in the Contract Documents or any act, conduct, or omission by Design-Builder that prejudices or adversely affects UGAA’s interests with respect to the Project.

Default Suspension and Termination. A. Design-Builder default. When UGAA determines or has reason to believe that one or more of the following conditions of default exists, UGAA may issue a notice of pending default to Design-Builder and its Surety on Performance and Payment Bonds. A nonexclusive list of conditions of default follows: 1. Design-Builder’s disregard of its Project safety obligations; 2. Design-Builder’s failure to correct Defective Work – or to correct failures to perform in accordance with this Agreement – promptly upon becoming aware of either; 3. Design-Builder’s failure to correct Defective Work required pursuant to its warranty obligations – or to perform any other warranty-related obligations hereunder; 4. Multiple or continuing occasions of Design-Builder’s provision of Defective Work or Noncompliant Work or failure to perform in accordance with this Agreement; 5. Design-Builder’s failure to achieve progress toward Milestone Dates or consistent with the Project Schedule; 6. Design-Builder’s failure to prepare designs, drawings, and Construction Documents that can be constructed within the then-current Stated Cost Limitation – or the then-current GMP, once a GMP Change Order is executed. 7. Design-Builder’s failure to timely pay Subcontractors (or failure to cause prompt payment of any Subcontractor of any tier); 78. Design-Builder’s failure to manage the Work or to supply the Project at all times with an adequate number of appropriately skilled workers and materials as needed to timely and competently perform the Work; 89. Design-Builder’s failure to provide and maintain required Payment and Performance Bonds and insurance coverage and to provide verifiable proof thereof, as required in this Agreement; 910. Design-Builder’s violation of, or failure to abide by, any governmental statutes, ordinances, regulations or other Laws; 1011. Unlawful conduct by Design-Builder, its directors, officers, members, or employees, or its Subcontractors or Subconsultants of any tier involving or relating to the Project, the Property, the Work, or UGAA; 1112. Design-Builder’s financial insolvency, its inability to provide reasonable assurances of solvency upon UGAA’s request, its inability meet its financial obligations as they mature, its making of a general assignment in favor of creditors, its subjection to appointment of a receiver, or the dissolution or downgrading of Design-Builder’s business organization; 1213. Design-Builder’s failure to obtain immediate cancellation or discharge of any lien as required herein; 1314. Design-Builder’s failure to timely provide, upon request, substantiation and documentary proof of costs, financial records, or its failure to timely satisfy other reporting obligations hereunder; 1415. Design-Builder’s loss of licensure in Georgia for any reason – or Design-Builder’s loss of licensure for cause in any other jurisdiction; 1516. Design-Builder’s failure to abide by its Open Records Act (“ORA”) obligations—or to cooperate with UGAA to the extent necessary for UGAA to fulfill its own ORA obligations; 1617. Design-Builder’s violation of regulations and other Laws pertaining to the preservation of the environment or safety of workers or the public; 1718. Design-Builder’s failure to achieve Substantial Completion within the Contract Time; 1819. Design-Builder’s failure to timely correct and complete Punchlist Work; 1920. Design-Builder’s failure to timely complete its Closeout Obligations as set forth herein; 2021. Design-Builder’s breach of an obligation under Article XIV; or 2122. Any repeated or continuing Design-Builder breach of any other obligation set forth in the Contract Documents or any act, conduct, or omission by Design-Builder that prejudices or adversely affects UGAA’s interests with respect to the Project.

Default Suspension and Termination. A. Design-Builder CM default. When UGAA determines or has reason to believe that one or more of the following conditions of default exists, UGAA may issue a notice Notice of pending default Pending Declaration of Default to Design-Builder CM and its Surety on Performance and Payment Bonds. A nonexclusive list of conditions of default follows: 1. Design-BuilderCM’s disregard of its Project safety obligations; 2. Design-BuilderCM’s failure to correct Defective Work – or to correct failures to perform in accordance with this Agreement – promptly upon becoming aware of either; 3. Design-BuilderCM’s failure to correct Defective Work required pursuant to its warranty obligations – or to perform any other warranty-related obligations hereunder; 4. Multiple or continuing occasions of Design-BuilderCM’s provision of Defective Work or Noncompliant Work or failure to perform in accordance with this Agreement; 5. Design-BuilderCM’s failure to achieve progress toward Milestone Dates or consistent with the Project Schedule; 6. Design-BuilderCM’s failure to timely pay Subcontractors (or failure to cause prompt payment of any Subcontractor of any tier); 7. Design-BuilderCM’s failure to manage the Work or to supply the Project at all times with an adequate number of appropriately skilled workers and materials as needed to timely and competently perform the Work; 8. Design-BuilderCM’s failure to provide and maintain required Performance and Payment and Performance Bonds and insurance coverage and to provide verifiable proof thereof, as required in this Agreement; 9. Design-BuilderCM’s violation of, or failure to abide by, any governmental statutes, ordinances, regulations or other Laws; 10. Unlawful conduct by Design-BuilderCM, its directors, officers, members, or employees, or its Subcontractors or Subconsultants of any tier involving or relating to the Project, the Property, the Work, or UGAA; 11. Design-BuilderCM’s financial insolvency, its inability to provide reasonable assurances of solvency upon UGAA’s request, its inability meet its financial obligations as they mature, its making of a general assignment in favor of creditors, its subjection to appointment of a receiver, or the dissolution or downgrading of Design-BuilderCM’s business organization; 12. Design-BuilderCM’s failure to obtain immediate cancellation or discharge of any lien as required herein; 13. Design-BuilderCM’s failure to timely provide, upon request, substantiation and documentary proof of costs, financial records, or its failure to timely satisfy other reporting obligations hereunder; 14. Design-BuilderCM’s loss of licensure in Georgia for any reason – or Design-BuilderCM’s loss of licensure for cause in any other jurisdiction; 15. Design-BuilderCM’s failure to abide by its Open Records Act (“ORA”) obligations—or to cooperate with UGAA to the extent necessary for UGAA to fulfill its own ORA obligations; 16. Design-BuilderCM’s violation of regulations and other Laws pertaining to the preservation of the environment or safety of workers or the public; 17. Design-BuilderCM’s failure to achieve Substantial Completion within the Contract Time; 18. Design-BuilderCM’s failure to timely correct and complete Punchlist Work; 19. Design-BuilderCM’s failure to timely complete its Closeout Obligations as set forth herein; 20. Design-BuilderCM’s breach of an obligation under Article XIV; or 21. Any repeated or continuing Design-Builder CM breach of any other obligation set forth in the Contract Documents or any act, conduct, or omission by Design-Builder CM that prejudices or adversely affects UGAA’s interests with respect to the Project.

Default Suspension and Termination. A. Design-Builder Contractor default. When UGAA determines or has reason to believe that one or more of the following conditions of default exists, UGAA may issue a notice Notice of pending default Pending Declaration of Default to Design-Builder Contractor and its Surety on Performance and Payment Bonds. A nonexclusive list of conditions of default follows: 1. Design-BuilderContractor’s disregard of its Project safety obligations; 2. Design-BuilderContractor’s failure to correct Defective Work – or to correct failures to perform in accordance with this Agreement – promptly upon becoming aware of either; 3. Design-BuilderContractor’s failure to correct Defective Work required pursuant to its warranty obligations – or to perform any other warranty-related obligations hereunder; 4. Multiple or continuing occasions of Design-BuilderContractor’s provision of Defective Work or Noncompliant Work or failure to perform in accordance with this Agreement; 5. Design-BuilderContractor’s failure to achieve progress toward Milestone Dates or consistent with the Project Schedule; 6. Design-BuilderContractor’s failure to timely pay Subcontractors (or failure to cause prompt payment of any Subcontractor of any tier); 7. Design-BuilderContractor’s failure to manage the Work or to supply the Project at all times with an adequate number of appropriately skilled workers and materials as needed to timely and competently perform the Work; 8. Design-BuilderContractor’s failure to provide and maintain required Performance and Payment and Performance Bonds and insurance coverage and to provide verifiable proof thereof, as required in this Agreement; 9. Design-BuilderContractor’s violation of, or failure to abide by, any governmental statutes, ordinances, regulations or other Laws; 10. Unlawful conduct by Design-BuilderContractor, its directors, officers, members, or employees, or its Subcontractors or Subconsultants of any tier involving or relating to the Project, the Property, the Work, or UGAA; 11. Design-BuilderContractor’s financial insolvency, its inability to provide reasonable assurances of solvency upon UGAA’s request, its inability meet its financial obligations as they mature, its making of a general assignment in favor of creditors, its subjection to appointment of a receiver, or the dissolution or downgrading of Design-BuilderContractor’s business organization; 12. Design-BuilderContractor’s failure to obtain immediate cancellation or discharge of any lien as required herein; 13. Design-BuilderContractor’s failure to timely provide, upon request, substantiation and documentary proof of costs, financial records, or its failure to timely satisfy other reporting obligations hereunder; 14. Design-BuilderContractor’s loss of licensure in Georgia for any reason – or Design-BuilderContractor’s loss of licensure for cause in any other jurisdiction; 15. Design-BuilderContractor’s failure to abide by its Open Records Act obligations; 16. Design-BuilderContractor’s violation of regulations and other Laws pertaining to the preservation of the environment or safety of workers or the public; 17. Design-BuilderContractor’s failure to achieve Substantial Completion within the Contract Time; 18. Design-BuilderContractor’s failure to timely correct and complete Punchlist Work; 19. Design-BuilderContractor’s failure to timely complete its Closeout Obligations as set forth herein; 20. Design-BuilderContractor’s breach of an obligation under Article XIV; or 21. Any repeated or continuing Design-Builder Contractor breach of any other obligation set forth in the Contract Documents or any act, conduct, or omission by Design-Builder Contractor that prejudices or adversely affects UGAA’s interests with respect to the Project.