Owner's Right to Carry Out Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, after giving seven (7) days written notice, the Owner may without prejudice to other remedies, correct such deficiencies. In such a case, a Change Order shall be issued deducting from the Contract Amount the cost of correcting such deficiencies, including additional design and administrative costs as may be necessary by the default, neglect, or failure.
Owner's Right to Carry Out Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for any additional inspection or testing services made necessary thereby. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner immediately upon demand by the Owner to Contractor or the Owner may recover the cost of the Work from the Bonding Surety.
Owner's Right to Carry Out Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of this Contract, and such default, neglect or non-performance shall continue for a period of 48 hours after written notification thereof from the Owner (or if such default, neglect or non-performance cannot be reasonably remedied within such 48-hour period, and Contractor does not (in the sole determination of Owner) undertake in good faith the remedy of the same within said period and thereafter proceed diligently to completion), then the Owner may, without prejudice to any other remedy the Owner may have, make good such deficiencies; provided, however, that in the event of an emergency, as reasonably determined by the Owner, no notification shall be required. The Owner shall have the 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 machinery of the Contractor located on the Job Site. If the Owner makes good any such deficiencies, the costs of correcting the same, including compensation for additional architectural and engineering service made necessary by such default, neglect or non-performance, shall be deducted or offset against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, then the Contractor shall, upon demand, pay the difference to the Owner.
Owner's Right to Carry Out Work. A. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the OWNER to commence and continue correction of such default or neglect with diligence and promptness, the OWNER may, after seven (7) days following receipt by the CONTRACTOR of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies.
B. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CONTRACTOR the cost of correcting such deficiencies, including compensation for any additional inspection, or testing services made necessary thereby.
Owner's Right to Carry Out Work. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the OWNER to commence and continue correction of such default or neglect with diligence and promptness, the OWNER may, after seven (7) days following receipt by the CONTRACTOR of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CONTRACTOR the cost of correcting such deficiencies, including compensation for any additional inspection or testing services made necessary thereby. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover such amount, the CONTRACTOR shall pay the difference to the OWNER immediately upon demand by the OWNER to CONTRACTOR or the OWNER may recover the cost of the Work from the Bonding Surety.
Owner's Right to Carry Out Work. If the Contractor should neglect to prosecute the Work properly or fail to perform any requirement of the Contract Documents, the Owner, after three (3) working days’ written notice to the Contractor, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the reasonable cost thereof from the payment then or thereafter due the Contractor. In the event such Work is performed by the Owner, the Owner’s employees, or by persons other than the Contractor at the Owner’s request, the Owner shall not be liable to the Contractor for inconvenience expense or subsequent cost of removal of such Work. The amount to be deducted as the cost of doing the Work shall include the cost of the Architect’s additional services made necessary by such default. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.
Owner's Right to Carry Out Work. If the Design/Builder should neglect to prosecute the Work properly or fail to perform any requirement of the Contract Documents, the Owner, after
Owner's Right to Carry Out Work. If the Design/Builder should neglect to prosecute the Work properly or fail to perform any requirement of the Contract Documents, the Owner, after three (3) business days’ written notice to the Design/Builder, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the reasonable cost thereof from the payment then or thereafter due the Design/Builder. In the event such Work is performed by the Owner, the Owner’s employees, or by persons other than the Design/Builder at the Owner’s request, the Owner shall not be liable to the Design/Builder for inconvenience expense or subsequent cost of removal of such Work. If the payments then or thereafter due the Design/Builder are not sufficient to cover such amount, the Design/Builder shall pay the difference to the Owner.
Owner's Right to Carry Out Work. Uncovering of Work. If any portion of the Work should be covered contrary to the request of Owner or the requirements of the Contract Documents, Contractor shall, if required by Owner, uncover it for Owner’s observation and replace it, all at Contractor’s expense without change in the Contract Time or the Guaranteed Maximum Price. Except as provided in Section 14.1.1, if any portion of the Work should be covered prior to a specific request for observation by Owner, Owner may request to see such Work, and it shall be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents and without defect, the cost of uncovering the replacement shall be reimbursed by Owner. If such Work is found to be defective or not in accordance with the Contract Documents, Contractor shall bear such costs.
