Common use of Judicial Council’s Right to Perform Work Clause in Contracts

Judicial Council’s Right to Perform Work. If Design Build Entity fails to perform the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to any Phase (or component of a Phase), to maintain the Contract Schedule, or fails to comply with any material term of the Contract Documents, and, after receipt of written notice from Judicial Council, fails within two (2) business days, or within such additional time as Judicial Council may specify in writing, to correct Design Build Entity’s failure, Judicial Council may, in its sole and absolute discretion, and without prejudice to other remedies Judicial Council may have, correct the Design Build Entity’s failure at Design Build Entity’s sole expense. Judicial Council shall be entitled to deduct from payments then or thereafter due Design Build Entity the cost to perform the Work, including, without limitation, compensation for the additional services and expenses of Judicial Council’s consultants arising from Judicial Council’s performance of the Work. If payments then or thereafter due Design Build Entity under the Agreement are not sufficient to cover the amounts due Judicial Council, Design Build Entity shall pay any additional amount to Judicial Council within thirty (30) Days of receipt of an invoice for those costs.

Judicial Council’s Right to Perform Work. If Design Build Entity fails to perform the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to any Phase (or component of a Phase), to maintain the Contract Schedule, or fails to comply with any material term of the Contract Documents, and, after receipt of written notice from Judicial Council, fails within two seven (27) business days, or within such additional time as Judicial Council may specify in writing, to correct Design Build Entity’s failure, Judicial Council may, in its sole and absolute discretion, and without prejudice to other remedies Judicial Council may have, correct the Design Build Entity’s failure at Design Build Entity’s sole expense. Judicial Council shall be entitled to deduct from payments then or thereafter due Design Build Entity the cost to perform the Work, including, without limitation, compensation for the additional services and expenses of Judicial Council’s consultants arising from Judicial Council’s performance of the Work. If payments then or thereafter due Design Build Entity under the Agreement are not sufficient to cover the amounts due Judicial Council, Design Build Entity shall pay any additional amount to Judicial Council within thirty (30) Days of receipt of an invoice for those costs.