We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Owner’s Right to Sample Clauses

Owner’s Right to. Stop the Work
Owner’s Right to. WITHHOLD PAYMENT OF AN APPROVED REQUEST FOR PAYMENT: The owner may withhold payment in whole or in part on an approved request for payment to the extent necessary to protect themselves from loss on account of any of the following causes discovered subsequent to approval of a request for payment by the Engineer.
Owner’s Right to. AUDIT Owner shall have the right to request periodic audits of all applicable accounts managed by Agent, and the cost of such audit(s) shall be paid by Owner.
Owner’s Right to. CARRY OUT THE WORK Add “, except as outlined in Section 3.15” after the reference toArticle 15” at the end of the last sentence of the Section.
Owner’s Right to. PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 1.3.1 as follows: After the word “commences” add the words “and is diligently proceeding with.” Paragraph 7.1.5.3, fourth line - insert after the word “warranty” the following: “and all other costs incurred by the Owner as a result of such termination. ” Delete paragraph 7.1.6 and add new paragraphs 7.1.6, 7.1.7, 7.1.8, 7.1.9, 7.1.10, and 7.1.11:
Owner’s Right toSTOP WORK OR RIGHT TO CARRY OUT WORK
Owner’s Right to. PERFORM WORK AND TO AWARD SEPARATE CONTRACTS
Owner’s Right toSTOP WORK OR TERMINATE CONTRACT 33.1 The Commissioner shall have the authority to suspend the Work wholly or in part, for such period or periods as the Commissioner considers being in the best interests of the State, or in the interests of public necessity, convenience or safety. During such periods the Contractor shall store all materials and equipment, in such a manner to prevent the materials and equipment from being damaged in any way, and the Contractor shall take precautions to protect the Work from damage. 33.1.1 If the Commissioner, in writing, orders the performance of all or any portion of the Work to be suspended or delayed for an unreasonable period of time (i.e. not originally anticipated, customary, or inherent in the construction industry) and the Contractor believes that additional compensation and/or Contract Time is due as a result of such suspension or delay, the Contractor shall submit to the Commissioner in writing a request for a Contract adjustment within 7 Days of receipt of the notice to resume Work. The request shall set forth the specific reasons and support for said adjustment. 33.1.2 The Commissioner shall evaluate any such requests received. If the Commissioner agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and that the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or Subcontractors, and was not caused by weather, then the Commissioner will make a reasonable adjustment, excluding profit, of the Contract terms. The Commissioner will notify the Contractor of the determination as to what adjustments of the Contract, if any, that the Commissioner deems warranted. 33.1.3 No Contract adjustment will be made unless the Contractor has submitted the request for adjustment within the time prescribed. 33.1.4 No Contract adjustment will be made under this Article to the extent that performance would have been suspended or delayed by any other cause within the Contractor’s control or by any factor for which the Contractor is responsible under the Contract; or that such an adjustment is provided for or excluded under other term or condition of this Contract.
Owner’s Right to. Stop the Work or Carry out Work. If the Design/Builder fails to correct Work which is not in accordance with the requirements of the Contract Documents and this Agreement or fails to carry out the Work in accordance with the Contract Documents, the Owner, by written order signed by the Owner, may deliver a notice to the Design/Builder setting forth that such failure is occurring and has occurred, and demanding that the Design/Builder commence a cure of such failure within seven (7) Days and diligently pursue such cure thereafter. In the event that the cure is not commenced and pursued diligently, the Owner may, by written notice to the Design/Builder, order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; provided, however, that the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design/Builder or any other person or entity and shall not give rise to any liability of the Owner to the Design/Builder resulting from any delay (except to the extent that such order is found to be improper). At Owner’s option, at the expiration of such seven (7) day period, Owner may without prejudice to other remedies the Owner may have, correct such deficiencies and carry out the work. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to the Design/Builder the cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due to the Design/Builder are insufficient to cover such amounts, the Design/Builder shall pay the difference to the Owner.
Owner’s Right to. STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.