Common use of Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause Clause in Contracts

Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If Contractor fails to perform any of Contractor’s obligations under this Agreement or any Project Agreement, including any obligation Contractor assumes to perform work with Contractor’s own forces, the Owner may, after seven (7) days written notice during which period Contractor fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and Contractor's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2) If Contractor persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls thirty (30) days or more behind schedule) which has been adopted by the Construction Team, or if Contractor fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving Contractor and Contractor’s surety, if any, seven (7) days written notice, during which period Contractor fails to cure the violation, terminate the Project Agreement and Master Agreement and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and may finish the Project by whatever method Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor be relieved from Contractor’s obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work). (3) If Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Contractor in conjunction with this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving Contractor and Contractor’s surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the Project Agreement and Master Agreement and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by Contractor, and may finish the project by whatever method Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor be relieved from Contractor’s obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work).

Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If Contractor fails to perform any of Contractor’s obligations under this Agreement or any Project Agreement, including any obligation Contractor assumes to perform work with Contractor’s own forces, the Owner may, after seven (7) days written notice during which period Contractor fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and Contractor's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2) If Contractor persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls thirty (30) days or more behind schedule) which has been adopted by the Construction Team, or if Contractor fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving Contractor and Contractor’s surety, if any, seven (7) days written notice, during which period Contractor fails to cure the violation, terminate the Project Agreement and Master Agreement and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and may finish the Project by whatever method Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor be relieved from Contractor’s obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work). (3) The Contractor shall allow public access to all documents, papers, letters, and other materials that are subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Owner in conjunction with this Agreement. If Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Contractor in conjunction with this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving Contractor and Contractor’s surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the Project Agreement and Master Agreement and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by Contractor, and may finish the project by whatever method Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor be relieved from Contractor’s obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work).

Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If the Contractor fails to perform any of Contractor’s his obligations under this Agreement or any Project Agreement, including any obligation Contractor assumes to perform work he performs with Contractor’s his own forces, the Owner may, after seven (7) days produce a written notice to the Contractor allowing fourteen (14) days to cure the problem. If during which period the fourteen-day period, the Contractor fails to perform such obligation, obligations and make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and Contractor's ’s Construction Phase Fee shall be reduced by an amount the cost required to manage cure the making good of such deficiencies. (2) If the Contractor is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls thirty forty-five (3045) days or more behind schedule) which has been adopted by the Construction Team, or if Contractor he fails to make prompt payment to subcontractors sub-contractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and Contractor’s his surety, if any, seven (7) days written notice, during which period Contractor fails to cure the violation, terminate the Project Agreement and Master Agreement employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and may finish the Project by whatever method Owner he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor he be relieved from Contractor’s his obligations assumed hereinunder Article 7. Reasonable terminal termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). (3) If the Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and Contractor’s suretyhis Surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the Project Agreement and Master Agreement employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the Contractor, and may finish the project by whatever method Owner he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor he be relieved from Contractor’s his obligations assumed hereinunder Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work).

Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If the Contractor fails to perform any of Contractor’s their obligations under this Agreement or any Project Agreement, including any obligation Contractor assumes they assume to perform work with Contractor’s their own forcesforces or those of a subcontractor, the Owner may, after seven (7) days written notice during which period the Contractor fails to perform commence and sufficiently pursue correction of such obligation, make good such deficiencies. The GMP, or the actual cost Cost of the Project, whichever is less, Project shall be reduced by the cost to the Owner of making good such deficiencies and the Contractor's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2) If the Contractor is adjudged as bankrupt, or if they make a general assignment for the benefit of their creditors, or if a receiver is appointed on account of their insolvency, or if they persistently or repeatedly refuses refuse or failsfail, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls thirty (30) 45 days or more behind schedule) which has been adopted by the Construction Project Team, or if the Contractor fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and Contractor’s their surety, if any, seven (7) days written notice, during which period Contractor fails to cure commence correction of the violation, terminate the Project Agreement and Master Agreement employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and may finish the Project by whatever method Owner may deem deemed expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor they be relieved from Contractor’s the obligations assumed herein. Reasonable terminal termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). (3) If the Contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and Contractor’s its surety, if any, seven (7) days written notice, during which period Contractor still fails to allow access, terminate the Project Agreement and Master Agreement employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the Contractor, and may finish the project Project by whatever method Owner may deem be deemed expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor they be relieved from Contractor’s their obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work).