|
shall not be entitled to receive any further payment 4 . for reasonable expenses directly
<br /> until the Work is finished . If the unpaid balance of the attributable to termination .
<br /> Contract Price exceeds all claims , costs , losses , and
<br /> damages ( including but not limited to all fees and B . CONTRACTOR shall not be paid on account
<br /> charges of engineers , architects , attorneys , and other of loss of anticipated profits or revenue or other
<br /> eco-
<br /> professionals and all court or arbitration or other nomic loss arising out of or resulting from such
<br /> dispute resolution costs ) sustained by OWNER arising termination .
<br /> out of or relating to completing the Work , such excess
<br /> will be paid to CONTRACTOR . If such claims , costs , 15 . 04 CONTRACTOR May Stop Work or
<br /> losses , and damages exceed such unpaid balance , Terminate
<br /> CONTRACTOR shall pay the difference to OWNER .
<br /> Such claims , costs , losses , and damages incurred by A . If, through no act or fault of CONTRACTOR ,
<br /> OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive
<br /> reasonableness and , when so approved by days by OWNER or under an order of court or other
<br /> ENGINEER , incorporated in a Change Order . When public authority, or ENGINEER fails to act on any
<br /> exercising any rights or remedies under this Application for Payment within 30 days after it is
<br /> paragraph OWNER shall not be required to obtain the submitted , or OWNER fa- i ' s for 2. 0. days to pay
<br /> CON
<br /> lowest price for the Work performed . then
<br /> CONTRACTOR may , upon seven days written notice
<br /> C . Where CONTRACTOR ' s services have been to OWNER and ENGINEER , and provided OWNER
<br /> so terminated by OWNER , the termination will not or ENGINEER do not remedy such suspension or
<br /> affect any rights or remedies of OWNER against failure within that time , terminate the Contract and
<br /> CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as
<br /> accrue . Any retention or payment of moneys due provided in paragraph 15 . 03 . In lieu of terminating
<br />the
<br /> CONTRACTOR by OWNER will not release CON - Contract and without prejudice to any other right or
<br /> TRACTOR from liability . remedy , if ENGINEER has failed to act on an
<br /> Application for Payment within 30 days after it is
<br /> 15 . 03 OWNER May Terminate For Convenience submitted , or OWNER h f;; ' Ipd fAr 3g days to pay
<br /> A. Upon seven days written notice to CON - CONTRACTOR may, seven days after written notice
<br /> TRACTOR and ENGINEER , OWNER may , without to OWNER and ENGINEER , stop the Work until
<br /> cause and without prejudice to any other right or payment is made of all such amounts due
<br /> remedy of OWNER , elect to terminate the Contract. CONTRACTOR , including interest thereon . The
<br /> In such case , CONTRACTOR shall be paid (without provisions of this paragraph 15 . 04 are not intended
<br />to
<br /> duplication of any items ) : preclude CONTRACTOR from making a Claim under
<br /> paragraph 10 . 05 for an adjustment in Contract Price
<br /> 1 . for completed and acceptable Work or Contract Times or otherwise for expenses or
<br /> executed in accordance with the Contract damage directly attributable to CONTRACTOR' s
<br /> Documents prior to the effective date of stopping the Work as permitted by this paragraph ,
<br /> termination , including fair and reasonable sums
<br /> for overhead and profit on such Work ,
<br /> ARTICLE 16 - DISPUTE RESOLUTION
<br /> 2 . for expenses sustained prior to the
<br /> effective date of termination in performing
<br /> services and furnishing labor, materials , or 16 . 01 Methods and Procedures
<br /> equipment as required by the Contract
<br /> Documents in connection with uncompleted A . Dispute resolution methods and procedures , if
<br /> Work , plus fair and reasonable sums for any, shall be as set forth in the Supplementary
<br /> overhead and profit on such expenses , Conditions . If no method and procedure has been set
<br /> forth , and subject to the provisions of paragraphs 9 . 09
<br /> 3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may
<br /> damages ( including but not limited to all fees exercise such rights or remedies as either may
<br /> and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by
<br /> and other professionals and all court or Laws or Regulations in respect of any dispute .
<br /> arbitration or other dispute resolution costs ) in -
<br /> curred in settlement of terminated contracts
<br /> with Subcontractors , Suppliers , and others ; and
<br /> 00700 - General Conditions REV D4-07. doc
<br /> 00700 - 43
<br /> IF Tublic Works\ENGINEERING DIVISION PROJECTS\ 1047-2 IRC Fairgrounds Overflow 8 Vehicular Staging Phase 2Vldmim\bid documents\00700 - General Conditions
<br /> REV 04 -07 . doc
<br />
|