Common use of Right to Carry Out Work Clause in Contracts

Right to Carry Out Work. If Construction Manager fails to prosecute the Work properly (including, but not limited to, the failure to man the Work due to labor disputes of any type) or fails to perform any provision of the Contract Documents, including, without limitation, unauthorized Project Schedule delays, Owner, after seven (7) calendar days written notice to Construction Manager without correction, may, without prejudice to any other rights or remedy Owner may have, correct the deficiencies or otherwise supplement the Construction Manager performance through the Owner's own forces or through others, and may deduct the cost thereof from the payment then or thereafter due to Construction Manager.