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recover from the Owner payment for Work executed and for proven loss with respect to
<br /> materials, equipment, tools, and construction equipment and machinery, including
<br /> reasonable overhead, profit and damages.
<br /> 14 . 1 . 4 If the Work is stopped for a period of 6o consecutive days through no act or fault of
<br /> the Contractor or a Subcontractor or their agents or employees or any other persons
<br /> performing portions of the Work under contract with the Contractor because the Owner has
<br /> persistently failed to fulfill the Owner's obligations under the Contract Documents with
<br /> respect to matters important to the progress of the Work, the Contractor may, upon seven
<br /> additional days ' written notice to the Owner and the Architect, terminate the Contract and
<br /> recover from the Owner as provided in Subparagraph 14.1.3.
<br /> 14 . 2 TERMINATION BY THE OWNER FOR CAUSE
<br /> 14. 2 . 1 The Owner may terminate the Contract if the Contractor:
<br /> 1 persistently or repeatedly refuses or fails to supply enough properly skilled THIS DOCUMENT HAS IMPORTANT LEGAL
<br /> workers or proper materials; CONSEQUENCES. CONSULTATION WITH AN
<br /> . 2 fails to make payment to Subcontractors for materials or labor in accordance ATTORNEY IS ENCOURAGED WITH RESPECT
<br /> with the respective agreements between the Contractor and the Subcontractors; TO ITS COMPLETION OR MODIFICATION.
<br /> . 3 persistently disregards laws, ordinances, or rules, regulations or orders of a AUTHENTICATION
<br /> ELECTRONICALLY DRR THISAFTED AIA
<br /> public authority having jurisdiction; or DOCUMENT MAY BE MADE BY USING AIA
<br /> . 4 otherwise is guilty of substantial breach of a provision of the Contract DOCUMENT D401.
<br /> Documents.
<br /> This document has been approved and
<br /> 14 . 2 . 2 When any of the above reasons exist, the Owner, upon certification by the Architect endorsed by The Associated General
<br /> that sufficient cause exists to justify such action , may without prejudice to any other rights or Contractors of America.
<br /> remedies of the Owner and after giving the Contractor and the Contractor's surety, if any,
<br /> seven days ' written notice, terminate employment of the Contractor and may, subject to any
<br /> prior rights of the surety:
<br /> 1 take possession of the site and of all materials, equipment, tools, and
<br /> construction equipment and machinery thereon owned by the Contractor,
<br /> . 2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
<br /> . 3 finish the Work by whatever reasonable method the Owner may deem
<br /> expedient. Upon request of the Contractor, the Owner shall furnish to the
<br /> Contractor a detailed accounting of the costs incurred by the Owner in finishing
<br /> the Work.
<br /> 14 . 2 . 3 When the Owner terminates the Contract for one of the reasons stated in
<br /> Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the
<br /> Work is finished.
<br /> 14 . 2 . 4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,
<br /> including compensation for the Architect's services and expenses made necessary thereby,
<br /> and other damages incurred by the Owner and not expressly waived, such excess shall be paid
<br /> to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall
<br /> pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the
<br /> case may be, shall be certified by the Architect, upon application, and this obligation for
<br /> payment shall survive termination of the Contract.
<br /> 14 . 3 SUSPENSION BY THE OWNER FOR CONVENIENCWO- 01
<br /> IN w
<br /> 14 . 3 . 1 The Owner may, without cause, order the Contractor in writing to suspend, delay or
<br /> interrupt the Work in whole or in part for such period of time as the Owner may determine .
<br /> ® 1997 AIA®
<br /> AIA DOCUMENT A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> Copyright 1911 , 1915, 1 1 , 1 5, 1 37, 1951, 195 , CONTRACT FOR CONSTRUCTION
<br /> 1 1, 1 3, 1 66, 19 7, 1 7 , 1976, 19 7, 1997 y T e
<br /> American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American
<br /> Institute of Architects
<br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York
<br />Avenue, N .W.
<br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S. Washington, D .C . 20006-5292
<br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced
<br /> with permission of the AIA and can be reproduced in accordance with your license without violation until the
<br /> date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted
<br /> below. User Document: general conditions (standard) admin bldg 97 a201 . aia -- 5!5/2003. AIA License Number
<br /> 1127252, which expires on 7/31/2003.
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