Common use of Failure to Prosecute the Work Clause in Contracts

Failure to Prosecute the Work. If the Contractor refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Subcontractors for materials or labor, or if it fails to diligently prosecute the Work in accordance with the Contract Documents, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and its Surety, after ten days' written notice of the Owner’s Intent to Declare Default, during which period the Contractor fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the Contractor to be in default.

Failure to Prosecute the Work. If the Contractor refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Subcontractors for materials or labor, or if it fails to diligently prosecute the Work in accordance with the Contract Documents, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and its Surety, after ten days' written notice of the Owner’s Intent to Declare Default, during which period the Contractor fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the Contractor to be in default.

Failure to Prosecute the Work. If the Contractor refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Subcontractors for materials or labor, or if it fails to diligently prosecute the Work in accordance with the Contract Documents, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and its Surety, after ten days' written notice of the Owner’s Owner‟s Intent to Declare Default, during which period the Contractor fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the Contractor to be in default.