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

OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor fails to perform or proceed with the Work, or any part thereof, as required by the Contract, and fails within the seven day notice required pursuant to Section 10.02 (Event of Default) of the Contract to remedy the breach, or to commence and continue correction of such breach with promptness and due diligence toward completion, the Owner may, without prejudice to any other right or remedy available to the Owner, and without terminating the Contract and relieving the Contractor from its obligations under the Contract, proceed to correct the breach, or applicable portion thereof, by any means or methods deemed appropriate (including use of the Owner's personnel). If the Owner discovers during the course of the corrective action that the breach is greater or otherwise different from, but nevertheless related to, the breach described in the seven-day notice, then the greater or different breach shall be deemed to have been included in the original seven-day notice and the Owner may proceed with the corrective action without having to provide any additional notice to the Contractor. If, after expiration of the seven-day notice period required pursuant to Section 10.02 (Event of Default) of the Contract, the Contractor proceeds to correct the breach and the Owner has already incurred certain expenses (such as, but not necessarily limited to, preparation of cost estimates or remedial plans and drawings, placement of material orders, demolition costs, rental costs, storage costs, trash removal expenses, utility expenses, scheduled commitments from contractors which cannot be canceled without the Owner incurring costs to the contractor, transportation costs of personnel or materials, and incurred cost of hiring technical personnel whether licensed or not) as part of an effort to remedy the breach, then the Contractor shall pay the Owner for such incurred expenses as provided herein. If, after issuance of the seven day notice of the breach required pursuant to Section 10.02 (Event of Default) of the Contract, the Owner decides not to take any action to correct the breach or fails in the effort to correct the breach, the Contractor remains responsible for the breach and any expenses incurred in any failed effort to correct the breach. In the event of a correction and expense as provided herein, the Contract Amount shall be reduced by the amount of the incurred expenses which amount the Owner shall be entitled to deduct from any payments then or thereafter due the Contractor (including the direct and indirect costs of using the Owner's personnel). If payments then or thereafter due the Contractor are not sufficient to cover the incurred expenses, the Contractor shall pay the difference to the Owner.

OWNER’S RIGHT TO CARRY OUT THE WORK. If Contractor defaults or neglects to carry out the Contractor Work in accordance with the Contract Documents or fails to perform or proceed with the Work, or any part thereof, as required by provisions of the Contract, and fails such default, neglect or nonperformance shall continue for a period of three (3) calendar days (or twenty-four (24) hours in the event threatening imminent harm to persons or damage to property) after written notification thereof from Owner (or if such default, neglect or nonperformance cannot be reasonably remedied within such three (3) calendar day (or twenty-four (24) hour) period, and Contractor does not (in the seven day notice required pursuant to Section 10.02 (Event sole determination of DefaultOwner) undertake in good faith the remedy of the Contract same within said period and thereafter proceed diligently to remedy the breachcompletion), or to commence and continue correction of such breach with promptness and due diligence toward completion, the then Owner may, without prejudice to any other right or remedy available to Owner may have, Owner may correct such deficiencies. Provided, however, that in the event of an emergency, as determined by Owner, no notification shall be required and without terminating Owner shall have the Contract right to take possession of such portion of the Job Site as will enable it to make good such deficiencies and, in connection therewith, to utilize the materials, equipment, tools, construction equipment and relieving machinery of Contractor located on the Contractor from its obligations under the Contract, proceed Job Site. Nothing herein shall require or impose upon Owner an obligation to correct the breach, or applicable portion thereof, by any means or methods deemed appropriate (including use of the Owner's personnel). If the Owner discovers during the course of the corrective action that the breach is greater or otherwise different from, but nevertheless related to, the breach described in the seven-day notice, then the greater or different breach shall be deemed to have been included in the original seven-day notice and the Owner may proceed with the corrective action without having to provide any additional notice to the Contractor. If, after expiration of the seven-day notice period required pursuant to Section 10.02 (Event of Default) of the Contract, the Contractor proceeds to correct the breach and the Owner has already incurred certain expenses (such as, but not necessarily limited to, preparation of cost estimates or remedial plans and drawings, placement of material orders, demolition costs, rental costs, storage costs, trash removal expenses, utility expenses, scheduled commitments from contractors which cannot be canceled without the Owner incurring costs to the contractor, transportation costs of personnel or materials, and incurred cost of hiring technical personnel whether licensed or not) as part of an effort to remedy the breach, then the Contractor shall pay the Owner for such incurred expenses as provided herein. If, after issuance of the seven day notice of the breach required pursuant to Section 10.02 (Event of Default) of the Contract, the Owner decides not to take any action to correct the breach or fails in the effort to correct the breach, the Contractor remains responsible for the breach and any expenses incurred in any failed effort to correct the breachdeficiencies. In the event Contractor has refused to correct the Work and Owner has exercised its right to carry out the Work and in so doing Contractor’s Subcontractor and/or Sub-subcontractors threaten or claim that their required warranty(s) was or will be voided or limited, because of Owner’s correction of the Work, Contractor shall in such case hereby fully assume and make good all warranty obligations to the extent the warranty of the Subcontractors or Sub-subcontractors is found to have been voided or nullified by an arbitration proceeding or a correction and expense as provided hereincourt of competent jurisdiction. If Owner makes good any such deficiencies, the Contract Amount costs of correcting the same, including compensation for additional Architect/Engineering services, Owner’s other consultants’ additional services, or third -party warranties made necessary by such default, neglect or nonperformance, shall be reduced by the amount of the incurred expenses which amount the Owner shall be entitled to deduct from offset against any payments amounts then or thereafter due the Contractor (including the direct and indirect costs of using the Owner's personnel)to Contractor. If payments the amounts then or thereafter due the to Contractor are not sufficient to cover the incurred expensessuch costs, the then Contractor shall shall, upon demand, pay the difference to the Owner.

OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor fails defaults or neglects to perform or proceed carry out the Work in accordance with the Work, or Contract Documents in any part thereof, as required by the Contract, material respect and fails within three working days after receipt of written notice from the seven day Owner or in such time as may be established in written notice required pursuant to Section 10.02 (Event of Default) of the Contract to remedy the breach, or from Owner to commence and continue correction of such breach default or neglect with promptness diligence and due diligence toward completionpromptness, or if the Work is not being performed properly or in accordance with the scheduling provisions of the Contract Documents in any material respect, whether or not the Contractor is in default, the Owner may, after the expiration of such notice period and without prejudice to any other right or remedy available to the Ownerit may have, and without terminating the Contract and relieving the Contractor from its obligations under the Contract, proceed to correct the breach, or applicable portion thereof, by any means or methods deemed make good such deficiencies. In such case an appropriate (including use of the Owner's personnel). If the Owner discovers during the course of the corrective action that the breach is greater or otherwise different from, but nevertheless related to, the breach described in the seven-day notice, then the greater or different breach Change Order shall be deemed to have been included in issued deducting from the original seven-day notice and the Owner may proceed with the corrective action without having to provide any additional notice to the Contractor. If, after expiration of the seven-day notice period required pursuant to Section 10.02 (Event of Default) of the Contract, the Contractor proceeds to correct the breach and the Owner has already incurred certain expenses (such as, but not necessarily limited to, preparation of cost estimates or remedial plans and drawings, placement of material orders, demolition costs, rental costs, storage costs, trash removal expenses, utility expenses, scheduled commitments from contractors which cannot be canceled without the Owner incurring costs to the contractor, transportation costs of personnel or materials, and incurred cost of hiring technical personnel whether licensed or not) as part of an effort to remedy the breach, then the Contractor shall pay the Owner for such incurred expenses as provided herein. If, after issuance of the seven day notice of the breach required pursuant to Section 10.02 (Event of Default) of the Contract, the Owner decides not to take any action to correct the breach or fails in the effort to correct the breach, the Contractor remains responsible for the breach and any expenses incurred in any failed effort to correct the breach. In the event of a correction and expense as provided herein, the Contract Amount shall be reduced by the amount of the incurred expenses which amount the Owner shall be entitled to deduct from any payments then or thereafter due the Contractor (the cost of correcting such deficiencies, including the direct and indirect costs of using the compensation for Owner's personnel)’s additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover the incurred expensessuch amount, the Contractor shall pay the difference to the Owner upon demand. If, in the sole judgment of the Owner, an emergency exists as a result of the Contractor's default, neglect or failure to correct defective work, which in the Owner's opinion, requires more immediate corrective action than the Contractor is able to provide, then the Owner may, without notice to the Contractor, perform such corrective work or cause it to be performed by others. The Owner shall also have the right to carry out the Work, or any part thereof, during the period of any work stoppage without terminating the Contract. If the Owner wishes to exercise this right it will give the Contractor three days-notice of its intent to do so. In any such case, an appropriate deductive Change Order shall be issued in accordance with Article 13, the amount of which shall not exceed an amount which equals the estimated direct cost, including the Owner’s fees, of performing the work which the Owner elects to perform and the proportionate amount of the Contractor's fee associated therewith.