STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY DAMAGES. A. STATE’S RIGHT TO DO THE WORK If after receipt of Notice to do so, the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, the Principal Representative, after a second seven (7) days’ advance written Notice to the Contractor and the Surety may, without prejudice to any other remedy the Principal Representative may have, take control of all or a portion of the Work, as the Principal Representative deems necessary and make good such deficiencies deducting the cost thereof from the payment then or thereafter due the Contractor, as provided in Article 30, Correction Of Work Before Acceptance and Article 33, Payments Withheld, provided, however, that the Architect/Engineer shall approve the amount charged to the Contractor by approval of the Change Order. B. TEMPORARY SUSPENSION OF WORK The State, acting for itself or by and through the Architect/Engineer, shall have the authority to suspend the Work, either wholly or in part, for such period or periods as may be deemed necessary due to: 1. Unsuitable weather; 2. Faulty Workmanship; 3. Improper superintendence or project management; 4. Contractor’s failure to carry out orders or to perform any provision of the Contract Documents; 5: Loss of, or restrictions to, appropriations;
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Samples: Contractor's Design/Bid/Build Agreement, Contractor's Design/Bid/Build Agreement
STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY DAMAGES.
A. STATE’S RIGHT TO DO THE WORK If after receipt of Notice to do so, the Contractor Design/Build Entity should neglect to prosecute the Work properly or fail to perform any provision of the Contract, the Principal Representative, after a second seven (7) days’ advance written Notice to the Contractor Design/Build Entity and the Surety may, without prejudice to any other remedy the Principal Representative may have, take control of all or a portion of the Work, as the Principal Representative deems necessary and make good such deficiencies deducting the cost thereof from the payment then or thereafter due the ContractorDesign/Build Entity, as provided in Article 30, Correction Of Work Before Acceptance and Article 33, Payments Withheld, provided, however, that the Architect/Engineer shall approve the amount charged to the Contractor by approval of the Change Order.
B. TEMPORARY SUSPENSION OF WORK The State, acting for itself or by and through the Architect/Engineer, Principal Representative shall have the authority to suspend the Work, either wholly or in part, for such period or periods as may be deemed necessary due to:
1. Unsuitable weather;
2. Faulty Workmanship;
3. Improper superintendence or project management;
4. ContractorDesign/Build Entity’s failure to carry out orders or to perform any provision of the Contract Documents; ;
5: . Loss of, or restrictions to, appropriations;
6. Conditions, which may be considered unfavorable for the prosecution of the Work. If it should become necessary to stop Work for an indefinite period, the Design/Build Entity shall store materials in such manner that they will not become an obstruction or become damaged in any way; and he or she shall take every precaution to prevent damage to or deterioration of the Work, provide suitable drainage and erect temporary structures where necessary. Notice of suspension of Work shall be provided to the Design/Build Entity in writing stating the reasons therefore. The Design/Build Entity shall again proceed with the Work when so notified in writing. The Design/Build Entity understands and agrees that the State of Colorado cannot predict with certainty future revenues and could ultimately lack the revenue to fund the appropriations applicable to this Contract. The Design/Build Entity further acknowledges and agrees that in such event that the Principal Representative may, upon Notice to the Design/Build Entity, suspend the Work in anticipation of a termination of the Contract for the convenience of the State, pursuant to Article 50, Termination For Convenience of State. If the Contract is not so terminated the Lump Sum Contract Price and the Contract time shall be equitably adjusted at the time the Principal Representative directs the Work to be recommenced and gives Notice that the revenue to fund the appropriation is available.
Appears in 1 contract
Samples: Design/Build Lump Sum Agreement
STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY DAMAGES.
A. STATE’S RIGHT TO DO THE WORK If after receipt of Notice to do so, the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, the Principal Representative, after a second seven (7) days’ advance written Notice to the Contractor and the Surety may, without prejudice to any other remedy the Principal Representative may have, take control of all or a portion of the Work, as the Principal Representative deems necessary and make good such deficiencies deducting the cost thereof from the payment then or thereafter due the Contractor, as provided in Article 30, Correction Of Work Before Acceptance and Article 33, Payments Withheld, provided, however, that the Architect/Engineer shall approve the amount charged to the Contractor by approval of the Change Order.
B. TEMPORARY SUSPENSION OF WORK The State, acting for itself or by and through the Architect/Engineer, shall have the authority to suspend the Work, either wholly or in part, for such period or periods as may be deemed necessary due to:
1. Unsuitable weather;
2. Faulty Workmanship;
3. Improper superintendence or project management;
4. Contractor’s failure to carry out orders or to perform any provision of the Contract Documents; 5: Loss of, or restrictions to, appropriations;
Appears in 1 contract
STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY DAMAGES.
A. STATE’S RIGHT TO DO THE WORK If after receipt of Notice to do so, the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, the Principal Representative, after a second seven (7) days’ advance written Notice to the Contractor and the Surety may, without prejudice to any other remedy the Principal Representative may have, take control of all or a portion of the Work, as the Principal Representative deems necessary and make good such deficiencies deducting the cost thereof from the payment then or thereafter due the Contractor, as provided in Article 30, Correction Of Work Before Acceptance and Article 33, Payments Withheld, provided, however, that the Architect/Engineer shall approve the amount charged to the Contractor by approval of the Change Order.
B. TEMPORARY SUSPENSION OF WORK The State, acting for itself or by and through the Architect/Engineer, shall have the authority to suspend the Work, either wholly or in part, for such period or periods as may be deemed necessary due to:
1. Unsuitable weather;
2. Faulty Workmanship;
3. Improper superintendence or project management;
4. Contractor’s failure to carry out orders or to perform any provision of the Contract Documents; 5: Loss of, or restrictions to, appropriations;
Appears in 1 contract
STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY DAMAGES.
A. STATE’S RIGHT TO DO THE WORK If after receipt of Notice to do so, the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, the Principal Representative, after a second seven (7) days’ advance written Notice to the Contractor and the Surety may, without prejudice to any other remedy the Principal Representative may have, take control of all or a portion of the Work, as the Principal Representative deems necessary and make good such deficiencies deducting the cost thereof from the payment then or thereafter due the Contractor, as provided in Article 30, Correction Of Work Before Acceptance and Article 33, Payments Withheld, provided, however, that the Architect/Engineer shall approve the amount charged to the Contractor by approval of the Change Order.
B. TEMPORARY SUSPENSION OF WORK The State, acting for itself or by and through the Architect/Engineer, shall have the authority to suspend the Work, either wholly or in part, for such period or periods as may be deemed necessary due to:
1. Unsuitable weather;
2. Faulty Workmanship;
3. Improper superintendence or project management;
4. Contractor’s failure to carry out orders or to perform any provision of the Contract Documents; 5: Loss of, or restrictions to, appropriations;
Appears in 1 contract
