Noncompliance by Subcontractor Clause Samples

Noncompliance by Subcontractor. If Subcontractor fails to comply or becomes disabled from complying with the provisions of this Agreement as to character or time of performance and the failure is not corrected within five (5) days after written request by Contractor to Subcontractor, Contractor, by Subcontract or otherwise, may take over without prejudice to any other right or remedy and complete the performance of this Subcontract at the expense of Subcontractor or without taking over the Work, may furnish the necessary materials and employ the workers necessary to remedy the situation at the expense of the Subcontractor. If Contractor takes over the Work pursuant to this paragraph of this section it is specifically agreed that Contractor may take possession of the premises and of all materials, tools, and equipment of Subcontractor at the site for the purpose of completing the Work covered by this Agreement.