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

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such Work with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order will be issued deducting from payments then or thereafter due the Design-Builder the cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will pay the difference to the Owner within ten (10) days of Owner’s demand for same. 20.2 The Owner may remove such nonconforming Work and store the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten days.

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 2.4.1 If the Design-Builder Contractor defaults or neglects to carry out the Work Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such Work default or neglect with diligence and promptness, the Owner may, without prejudice to other remediesremedies the Owner may have, correct such deficiencies. In such case case, an appropriate Change Order will shall be issued deducting from payments then then, or thereafter thereafter, due the Design-Builder Contractor the cost of correcting such deficiencies, including compensation for the Owner’s Engineer's additional services and expenses made necessary by such default, neglect or failure to performfailure. Such Change Order will be deemed signed action by the Design-Builder for purposes stated in Paragraph 8.2 even if Owner and amounts charged to the Design-Builder fails to physically sign such Change OrderContractor shall be done after consultation with the Engineer. If payments then or thereafter due the Design-Builder Contractor are not sufficient to cover such amounts, the Design-Builder will Contractor shall pay the difference to the Owner within ten (10) days of Owner’s demand for same. 20.2 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety for any method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner-Contractor Agreement, as a direct result of the Engineer’s negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to complete Contract by taking over the Work or by declaring Contract in default. Maintenance of the Work remains Contractor’s and Surety’s responsibility as provided for in Performance Bond and guarantee of Contractor. 2.4.3 The Owner may remove such nonconforming Work and store reserves the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten days.right to:

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 2.4.1 If the Design-Builder Contractor defaults or neglects to carry out the Work Work, or any portion thereof, in accordance with the Contract Documents or fails to complete, within the time period stipulated, any items of work scheduled (punch listed) to be done subsequent to the Date of Substantial Completion or fails to complete or correct any items of work disclosed subsequent to the Date of Substantial Completion and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such Work default or neglect with diligence and promptness, the Owner may, without prejudice to other remediesremedies the Owner may have, correct such deficiencies. In such case case, an appropriate Change Order will shall be issued deducting from payments then then, or thereafter thereafter, due the Design-Builder Contractor the cost of correcting such deficiencies, including compensation for the Owner’s Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor shall be done 2.4.2 Neither Owner nor its officers, agents, or employees are in any way liable or accountable to Contractor or its Surety, if any, for method by which completion of said Work, or any portion thereof, is accomplished or for price paid therefore, unless Surety is required to pay cost to complete the Project, in excess of the amount contained in the Owner-Contractor Agreement, as a direct result of the Architect’s negligent issuance of Certificate(s) for Payment. Contractor and Surety are responsible for all costs for completing the Work including cost in excess of original Contract Sum. Owner does not forfeit right to recover damages from Contractor or Surety for failure to performcomplete Contract by taking over the Work or by declaring Contract in default. Such Change Order will be deemed signed by Maintenance of the Design-Builder Work remains Contractor’s and Surety’s responsibility as provided for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will pay the difference to the Owner within ten (10) days Performance Bond and guarantee of Owner’s demand for sameContractor. 20.2 2.4.3 The Owner may remove such nonconforming Work and store reserves the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten days.right to:

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder defaults or neglects to carry out the Work in accordance with the Contract Design-Build Documents and fails within a seven ten-day period after receipt of written notice from the Owner to commence and continue correction of such Work default or neglect with diligence and promptness, the Owner may, without prejudice to other remediesremedies the Owner may have, correct such deficiencies. In such case case, an appropriate Change Order will or Change Directive shall be issued deducting from payments then or thereafter due the Design-Builder the reasonable cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 deficiencies even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will shall pay the difference to the Owner within ten (10) days of immediately on demand or, at Owner’s demand for same. 20.2 The sole election, be deducted from any payment due the Design-Builder. At the Owner’s option, the Owner may also remove such nonconforming Work and store the any salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after (10) days’ written notice, the Owner may sell such materials and equipment at an auction or at a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessarysale. If such proceeds of sale do not cover the costs which the Design-Builder should have borne, (including, without limitation, design services and attorneys’ fees relating to the GMP correction) the Contract Sum will shall be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will shall pay the difference to the Owner within ten daysOwner, immediately upon demand.

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such Work with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order will be issued deducting from payments then or thereafter due the Design-Builder the cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will pay the difference to the Owner within ten five (105) business days of Owner’s demand for same. 20.2 The Owner may remove such nonconforming Work and store the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten daysOwner.

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder Contractor neglects to carry out the Work in accordance with the Contract Documents and fails within a seven thirty day period after receipt of written notice from the Owner to commence and continue correction of such Work with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order will be issued deducting from payments then or thereafter due the Design-Builder Contractor the cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by In the Design-Builder for purposes stated in Paragraph 8.2 even if event the Design-Builder fails to physically sign such Contractor disagrees with the Change Order, the parties agree to follow the Dispute Resolution process. If payments then or thereafter due the Design-Builder Contractor are not sufficient to cover such amounts, the Design-Builder Contractor will pay the difference to the Owner within ten (10) days of Owner’s demand for same. 20.2 The Owner may remove such nonconforming Work and store the salvageable materials or equipment at the Design-BuilderContractor’s expense. If the Design-Builder Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-BuilderContractor, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder Contractor should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder Contractor are not sufficient to cover such amount, the Design-Builder Contractor will pay the difference to the Owner within ten days.

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder neglects to carry out the Work in accordance with the Contract Documents and fails within a seven ten day period after receipt of written notice from the Owner to commence and continue correction of such Work with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order will be issued deducting from payments then or thereafter due the Design-Builder the cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will pay the difference to the Owner within ten (10) days of Owner’s demand for same. 20.2 The Owner may remove such nonconforming Work and store the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten days.

OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 2.4.1 If the Design-Builder Construction Manager at Risk defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such Work default or neglect with diligence and promptness, the Owner maymay after such seven (7) day period, without prejudice to other remediesremedies that the Owner may have, correct such deficiencies. In such case case, an appropriate Change Order will Modification in accordance with Article 7 shall be issued deducting from payments then or thereafter due the Design-Builder Construction Manager at Risk for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Owner’s Design Professional's additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Orderfailure. If payments then or thereafter due the Design-Builder Construction Manager at Risk are not sufficient to cover such amounts, the Design-Builder will Construction Manager at Risk shall pay the difference to the Owner within ten (10) days of Owner’s demand for same. 20.2 The 2.4.2 If in the event that the Construction Manager at Risk defaults or neglects to carry out the Work to final completion in keeping with the Substantial Completion Schedule provided in accordance with Subparagraph 9.8.2 and, fails within a seven (7) day period after receipt of written notice from the Owner may remove to correct such nonconforming Work default with diligence and store the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written noticepromptness, the Owner may sell after such materials seven (7) day period, without prejudice to other remedies, correct Punch List and equipment Close-Out deficiencies to achieve project completion without further notice to the Construction Manager at auction Risk or a private sale and will account for its surety. In such case, an appropriate Modification in accordance with Article 7 shall be issued deducting from payments then or thereafter due the proceeds thereof after deducting costs and damages that should have been borne by Construction Manager at Risk the Design-Builderreasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Owner’s Design Professional's additional services and expenses made necessary. If necessary by such proceeds of sale do not cover costs which the Design-Builder should have bornedefault, the GMP Contract Sum will be reduced by the deficiencyneglect or failure. If payments then or thereafter due the Design-Builder Construction Manager at Risk are not sufficient to cover such amountamounts, the Design-Builder will Construction Manager at Risk shall pay the difference to the Owner. 2.4.3 In carrying out the Owner's right to complete the Work in accordance with Paragraph 2.4, the Owner within ten daysshall have the right to exercise the Owner's sole discretion as to the manner, methods and reasonableness of costs of completing the Work.