OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10)-calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Consultant fails to perform any obligation imposed under this AGREEMENT, and fails within seven
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor.
OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within three (3) business days period after written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three (3) business days period, without further notice and without prejudice to other remedies the owner may have, correct such deficiencies. In such case an appropriate change order shall be issued deducting from payments then or thereafter due the contractor thee cost of correcting such deficiencies, including compensation for the Architect’s additional services and expenses made necessary by such default, neglect, or failure. Such action by the Owner and the amount charged to the Contractor are not subject to approval of the Architect. If payments then or thereafter are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
2.4.2 Failure to meet timelines defined in the Critical Path schedule submitted by the Contractor to the Owner shall be evidence of negligence when it appears by examination of the Critical Path Schedule that such failure will result in failure to meet the contracted substantial completion date. Nothing in this paragraph shall prevent the Owner from action against default or neglect for other reasons.
2.4.3 In the event that the Contractor's default, neglect, or failure to carry out the Work in accordance with the Contract Documents will jeopardize the health or safety of the present or future occupants of buildings or structures which are part of the Project, and which constitute a violation of any regulation or Code involving health or safety, the Owner's period of required notice to the Contractor shall be reduced from seventy-two (72) hours to twenty-four (24) hours, and all other provisions of paragraph 2.4.1 shall apply.
2.4.4 If after the lapse of seventy-two (72) hours (or twenty-four (24) hours if applicable), the Owner begins mobilization and procurement as required to correct the Work, and if after that time the Contractor commences and continues correction of the Work diligently and expeditiously, the Contractor shall reimburse the Owner for all expense of mobilization, procurement, labor, and materials incurred between the time that the written notice expired and the time that the Contractor had clearly and unambiguously commenced corrective work, with adequate work force to mee...
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner immediately upon Owner’s written demand.
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15.
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Contractor fails to perform or proceed with the Work, or any part thereof, as required by the Contract, and fails within the seven day notice required pursuant to Section 10.02 (Event of Default) of the Contract to remedy the breach, or to commence and continue correction of such breach with promptness and due diligence toward completion, the Owner may, without prejudice to any other right or remedy available to the Owner, and without terminating the Contract and relieving the Contractor from its obligations under the Contract, proceed to correct the breach, or applicable portion thereof, by any means or methods deemed appropriate (including use of the Owner's personnel). If the Owner discovers during the course of the corrective action that the breach is greater or otherwise different from, but nevertheless related to, the breach described in the seven-day notice, then the greater or different breach shall be deemed to have been included in the original seven-day notice and the Owner may proceed with the corrective action without having to provide any additional notice to the Contractor. If, after expiration of the seven-day notice period required pursuant to Section 10.02 (Event of Default) of the Contract, the Contractor proceeds to correct the breach and the Owner has already incurred certain expenses (such as, but not necessarily limited to, preparation of cost estimates or remedial plans and drawings, placement of material orders, demolition costs, rental costs, storage costs, trash removal expenses, utility expenses, scheduled commitments from contractors which cannot be canceled without the Owner incurring costs to the contractor, transportation costs of personnel or materials, and incurred cost of hiring technical personnel whether licensed or not) as part of an effort to remedy the breach, then the Contractor shall pay the Owner for such incurred expenses as provided herein. If, after issuance of the seven day notice of the breach required pursuant to Section 10.02 (Event of Default) of the Contract, the Owner decides not to take any action to correct the breach or fails in the effort to correct the breach, the Contractor remains responsible for the breach and any expenses incurred in any failed effort to correct the breach. In the event of a correction and expense as provided herein, the Contract Amount shall be reduced by the amount of the incurred expenses which amount the Owner shall be entitled to deduct from any payments then or ther...
OWNER’S RIGHT TO CARRY OUT THE WORK. 20.1 If the Design-Builder neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such Work with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order will be issued deducting from payments then or thereafter due the Design-Builder the cost of correcting such deficiencies, including compensation for the Owner’s additional services and expenses made necessary by such default, neglect or failure to perform. Such Change Order will be deemed signed by the Design-Builder for purposes stated in Paragraph 8.2 even if the Design-Builder fails to physically sign such Change Order. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder will pay the difference to the Owner within ten (10) days of Owner’s demand for same.
20.2 The Owner may remove such nonconforming Work and store the salvageable materials or equipment at the Design-Builder’s expense. If the Design-Builder does not pay costs of such removal and storage within ten days after written notice, the Owner may sell such materials and equipment at auction or a private sale and will account for the proceeds thereof after deducting costs and damages that should have been borne by the Design-Builder, including compensation for the Owner’s services and expenses made necessary. If such proceeds of sale do not cover costs which the Design-Builder should have borne, the GMP Contract Sum will be reduced by the deficiency. If payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder will pay the difference to the Owner within ten days.
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Prime Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or obligations of the Contract Documents, and fails or refuses to correct any failure or refusal with diligence and promptness within fourteen (14) days after receipt of written notice from the Owner, the Owner may correct the Prime Contractor’s failure or refusal or cause such failure or refusal to be corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the Owner has, including but not limited to the Owner’s termination rights under Article 13. In that case, an appropriate Change Order will be issued deducting the Owner's cost of correction, including Architect/Engineer's compensation for additional services and expenses made necessary by the failure or refusal of the Prime Contractor from payments then or thereafter due to the Prime Contractor. The cost of correction is subject to verification (but not approval) by the Architect/Engineer. If payments then or thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime Contractor shall pay the difference to the Owner.
OWNER’S RIGHT TO CARRY OUT THE WORK. If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) Day period after receipt of written notice from the Owner to commence and diligently continue correction of such default or neglect with diligence and promptness, Owner may after such seven (7) Day period give the Design/Builder a second written notice to correct such deficiencies within such second seven (7) Day period. If the Design/Builder within such second seven (7) Day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies, the Owner, without prejudice to other remedies the Owner may have, may correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to the Design/Builder the cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due to the Design/Builder are insufficient to cover such amounts, the Design/Builder shall pay the difference to the Owner.
