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15 .02 Owner May Terminate for Cause D. Notwithstanding Paragraphs 15 .02 . 8 and 15 .02 .C,
<br /> Contractor' s services will not be terminated if Contractor
<br /> A. The occurrence of any one or more of the following begins within seven days of receipt of notice of intent to
<br /> events will justify termination for cause: terminate to correct its failure to perform and proceeds
<br /> diligently to cure such failure within no more than 30
<br /> 1 . Contractor' s persistent failure to perform the days of receipt of said notice.
<br /> Work in accordance with the Contract Documents
<br /> (including, but not limited to, failure to supply suffi- E . Where Contractor' s services have been so terminated
<br /> cient skilled workers or suitable materials or equip- by Owner, the termination will not affect any rights or
<br /> ment or failure to adhere to the Progress Schedule remedies of Owner against Contractor then existing or
<br /> established under Paragraph 2 .07 as adjusted from which may thereafter accrue. Any retention or payment of
<br /> time to time pursuant to Paragraph 6.04); moneys due Contractor by Owner will not release
<br /> Contractor from liability.
<br /> 2. Contractor' s disregard of Laws or Regulations of
<br /> any public body having jurisdiction; F . If and to the extent that Contractor has provided a
<br /> performance bond under the provisions of Paragraph
<br /> 3 . Contractor's disregard of the authority of 5 .01 .A, the termination procedures of that bond shall
<br /> Engineer; or supersede the provisions of Paragraphs 15.02. 8, and
<br /> 15 .02.C .
<br /> 4. Contractor's violation in any substantial way of
<br /> any provisions of the Contract Documents. 15 .03 Owner May Terminate For Convenience
<br /> B. If one or more of the events identified in Paragraph A . Upon seven days written notice to Contractor and
<br /> 15 .02.A occur, Owner may, after giving Contractor (and Engineer, Owner may, without cause and without
<br /> surety) seven days written notice of its intent to terminate prejudice to any other right or remedy of Owner,
<br /> the services of Contractor: terminate the Contract. In such case, Contractor shall be
<br /> paid for (without duplication of any items) :
<br /> 1 . exclude Contractor from the Site, and take
<br /> possession of the Work and of all Contractor' s tools, 1 . completed and acceptable Work executed in
<br /> appliances, construction equipment, and machinery at accordance with the Contract Documents prior to the
<br /> the Site, and use the same to the full extent they effective date of termination, including fair and
<br /> could be used by Contractor (without liability to reasonable sums for overhead and profit on such
<br /> Contractor for trespass or conversion), Work ;
<br /> 2 . incorporate in the Work all materials and 2 . expenses sustained prior to the effective date of
<br /> equipment stored at the Site or for which Owner has termination in performing services and furnishing
<br /> paid Contractor but which are stored elsewhere, and labor, materials, or equipment as required by the
<br /> Contract Documents in connection with uncompleted
<br /> 3 . complete the Work as Owner may deem Work, plus fair and reasonable sums for overhead
<br /> expedient. and profit on such expenses;
<br /> C . If Owner proceeds as provided in Paragraph 15.02.6, 3 . all claims, costs, losses, and damages (including
<br /> Contractor shall not be entitled to receive any further but not limited to all fees and charges of engineers,
<br /> payment until the Work is completed. If the unpaid architects, attorneys, and other professionals and all
<br /> balance of the Contract Price exceeds all claims, costs, court or arbitration or other dispute resolution costs)
<br /> losses, and damages (including but not limited to all fees incurred in settlement of terminated contracts with
<br /> and charges of engineers, architects, attorneys, and other Subcontractors, Suppliers, and others; and
<br /> professionals and all court or arbitration or other dispute
<br /> resolution costs) sustained by Owner arising out of or 4. reasonable expenses directly attributable to
<br /> relating to completing the Work, such excess will be paid termination.
<br /> to Contractor. If such claims, costs, losses, and damages
<br /> exceed such unpaid balance, Contractor shall pay the B . Contractor shall not be paid on account of loss of
<br /> difference to Owner. Such claims, costs, losses, and anticipated profits or revenue or other economic loss
<br /> damages incurred by Owner will be reviewed by Engineer arising out of or resulting from such termination.
<br /> as to their reasonableness and, when so approved by
<br /> Engineer, incorporated in a Change Order. When 15 .04 Contractor May Stop Work or Terminate
<br /> exercising any rights or remedies under this Paragraph
<br /> Owner shall not be required to obtain the lowest price for A . If, through no act or fault of Contractor, (i ) the Work is
<br /> the Work performed. suspended for more than 90 consecutive days by Owner
<br /> or under an order of court or other public authority, or (ii)
<br /> Engineer fails to act on any Application for Payment
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 40
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