Partial Default: District Right to Take Over Work. (Two (2) day notice to Cure and Correct). If the Contractor Defaults or neglects to carry out the Work in accordance with the Contract Documents, the District may provide a two (2) business day written notice to cure (a shorter period of time in the case of Emergency or a critical path delay) Contractor’s Partial Default in a specific segregated area of work. The District’s right to issue a Partial Default of the Contractor’s Work and take over that segregated area of Work includes, but is not limited to:
a) Failure to supply adequate workers on the entire Project or any part thereof;
b) Failure to supply a sufficient quantity of materials;
c) Failure to perform any provision of this Contract;
d) Failure to comply with safety requirements, or due to Contractor is creation of an unsafe condition;
e) Cases of bona fide emergency;
f) Failure to order materials in a timely manner;
g) Failure to prepare deferred-approval items or Shop Drawings in a timely manner;
h) Failure to comply with Contractor’s Baseline or Update Schedule, meet critical Milestones which would result in a Delay to the Critical Path, or Delay the Contract Time;
i) Failure to comply with the Subcontractor selection and award requirements under Education Code section 17406(a)(4);
j) Failure to meet the requirements of the American’s with Disabilities Act;
k) Failure to complete Punch List work; or
l) Failure to proceed on an Immediate Change Directive.
