Common use of Right to Carry Out the Work Clause in Contracts

Right to Carry Out the Work. If, within five (5) Days after receiving written demand from Owner Parties to diligently prosecute all or any part of the Work, Contractor fails or neglects to carry out such Work promptly and in accordance with the Contract Documents, Owner may, and without prejudice to any other remedy, make good Contractor’s deficiencies. If Owner carries out Work as set forth above, Owner Parties shall issue an appropriate Change Order deducting from the Contract Sum the cost of correcting such deficiencies, including compensation for Owner Parties’ additional services due to such deficiency. If, at the time Owner issues the deductive Change Order, the payments due Contractor are insufficient to cover the deduction in the Contract Sum, Contractor shall immediately pay to Owner the difference.

Appears in 5 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Right to Carry Out the Work. If, If within five (5) Days after receiving written demand from Owner Parties to diligently prosecute all or any part of the Work, Contractor fails or neglects to carry out such Work promptly and in accordance with the Contract Documents, Owner may, and without prejudice to any other remedy, make good Contractor’s deficiencies. If Owner carries out Work as set forth above, Owner Parties shall issue an appropriate Change Order deducting from the Contract Sum the cost of correcting such deficiencies, including compensation for Owner Parties’ additional services due to such deficiency. If, at the time Owner issues the deductive Change Order, the payments due Contractor are insufficient to cover the deduction in the Contract Sum, Contractor shall immediately pay to Owner the difference.

Appears in 4 contracts

Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

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Right to Carry Out the Work. If, If within five (5) Days after receiving written demand from Owner Parties to diligently prosecute all or any part of the Work, Contractor fails or neglects to carry out such Work promptly and in accordance with the Contract Documents, Owner may, and without prejudice to any other remedy, make good Contractor’s deficiencies. SAMPLE If Owner carries out Work as set forth above, Owner Parties shall issue an appropriate Change Order deducting from the Contract Sum the cost of correcting such deficiencies, including compensation for Owner Parties’ additional services due to such deficiency. If, at the time Owner issues the deductive Change Order, the payments due Contractor are insufficient to cover the deduction in the Contract Sum, Contractor shall immediately pay to Owner the difference.

Appears in 2 contracts

Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

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