Common use of PROGRESS OF THE WORK Clause in Contracts

PROGRESS OF THE WORK. The Contractor shall provide sufficient labor, materials, facilities, and equipment and shall work such hours, including night shifts, overtime operations, Saturdays, Sundays and holidays, as may be necessary to insure the prosecution and completion of the Work or separable portions thereof, in accordance with the Guaranteed Project Schedule. If the progress of the Work falls behind or fails to proceed in accordance with the Guaranteed Project Schedule, or it becomes apparent to the Owner from the current schedule that the Work will not be substantially complete within the Contract Time (as adjusted by Owner approved Change Orders), in addition to the other requirements of the Contract and remedies available to the Owner, the Contractor agrees to take the following actions at no additional cost to the Owner to correct such tardiness: i. Increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Owner, the backlog of Work; ii. Increase the number of working hours per shift, shifts per working day, working days per week, the amount of equipment, or any combination of the foregoing, sufficient to substantially eliminate, in the judgment of the Owner, the backlog of Work; and, iii. Reschedule activities to achieve maximum practical concurrence of accomplishment of activities. The failure of the Contractor to comply with the requirements of this Section or to remedy the tardiness shall be grounds for a determination by the Owner that the Contractor is failing to diligently prosecute the Work, in which case the Owner may, after the notice of the breach has been provided to the Contractor pursuant to Section 10.01 (Definition of Breach) of the Contract, without prejudice to other remedies the Owner may have and regardless of whether the Contractor has taken or is taking corrective action, immediately correct the Contractor’s failure at the Contractor’s expense by exercising the right to perform and carry out the work as provided in Section 10.05 (Owner’s Right to Carry Out the Work) including the use of the Owner’s work forces, to award separate contracts, to supplement the Contractor’s work forces, to prepare or have prepared schedules which shall be used to determine the provisions of the Contract to withhold actual and anticipated liquidated damages, and any other means the Owner deems appropriate.