Common use of OWNER’S RIGHT TO CARRY OUT THE WORK Clause in Contracts

OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within three (3) business days period after written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three (3) business days period, without further notice and without prejudice to other remedies the owner may have, correct such deficiencies. In such case an appropriate change order shall be issued deducting from payments then or thereafter due the contractor thee cost of correcting such deficiencies, including compensation for the Architect’s additional services and expenses made necessary by such default, neglect, or failure. Such action by the Owner and the amount charged to the Contractor are not subject to approval of the Architect. If payments then or thereafter are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.4.2 Failure to meet timelines defined in the Critical Path schedule submitted by the Contractor to the Owner shall be evidence of negligence when it appears by examination of the Critical Path Schedule that such failure will result in failure to meet the contracted substantial completion date. Nothing in this paragraph shall prevent the Owner from action against default or neglect for other reasons. 2.4.3 In the event that the Contractor's default, neglect, or failure to carry out the Work in accordance with the Contract Documents will jeopardize the health or safety of the present or future occupants of buildings or structures which are part of the Project, and which constitute a violation of any regulation or Code involving health or safety, the Owner's period of required notice to the Contractor shall be reduced from seventy-two (72) hours to twenty-four (24) hours, and all other provisions of paragraph 2.4.1 shall apply. 2.4.4 If after the lapse of seventy-two (72) hours (or twenty-four (24) hours if applicable), the Owner begins mobilization and procurement as required to correct the Work, and if after that time the Contractor commences and continues correction of the Work diligently and expeditiously, the Contractor shall reimburse the Owner for all expense of mobilization, procurement, labor, and materials incurred between the time that the written notice expired and the time that the Contractor had clearly and unambiguously commenced corrective work, with adequate work force to meet all applicable time lines.