|
under paragraph 2 . 07 as adjusted from time to cause and without prejudice to any other right
<br /> or
<br /> time pursuant to paragraph 6 . 04 ) ; remedy of OWNER , elect to terminate the Contract.
<br /> In such case , CONTRACTOR shall be paid (without
<br /> 2 . CONTRACTOR ' s disregard of Laws duplication of any items) :
<br /> or Regulations of any public body having
<br /> jurisdiction ; 1 , for completed and acceptable Work
<br /> executed in accordance with the Contract
<br /> 3 . CONTRACTOR 's disregard of the Documents prior to the effective date of
<br /> authority of ENGINEER ; or termination , including fair and reasonable
<br /> sums for overhead and profit on such Work ;
<br /> 4 . CONTRACTOR 's violation in any
<br /> substantial way of any provisions of the 2 , for expenses sustained prior to the
<br /> Contract Documents , effective date of termination in performing
<br /> services and furnishing labor, materials , or
<br /> B . If one or more of the events identified in equipment as required by the Contract
<br /> paragraph 15 . 02 . A occur, OWNER may, after giving Documents in connection with uncompleted
<br /> CONTRACTOR (and the surety, if any) seven days Work , plus fair and reasonable sums for
<br /> written notice , terminate the services of overhead and profit on such expenses ;
<br /> CONTRACTOR , exclude CONTRACTOR from the
<br /> Site , and take possession of the Work and of all 3 , for all claims , costs , losses , and
<br /> CONTRACTOR 's tools , appliances , construction damages ( including but not limited to all fees
<br /> equipment, and machinery at the Site , and use the and charges of engineers , architects ,
<br /> same to the full extent they could be used by attorneys , and other professionals and all court
<br /> CONTRACTOR (without liability to CONTRACTOR or arbitration or other dispute resolution costs)
<br /> for trespass or conversion ) , incorporate in the Work incurred in settlement of terminated contracts
<br /> all materials and equipment stored at the Site or for with Subcontractors , Suppliers , and others ;
<br /> which OWNER has paid CONTRACTOR but which and
<br /> are stored elsewhere , and finish the Work as
<br /> OWNER may deem expedient. In such case , 4 , for reasonable expenses directly
<br /> CONTRACTOR shall not be entitled to receive any attributable to termination .
<br /> further payment until the Work is finished . If the
<br /> unpaid balance of the Contract Price exceeds all B . CONTRACTOR shall not be paid on account
<br /> claims , costs , losses , and damages ( including but not of loss of anticipated profits or revenue or other eco-
<br /> limited to all fees and charges of engineers , nomic loss arising out of or resulting from such
<br /> architects , attorneys , and other professionals and all termination ,
<br /> court or arbitration or other dispute resolution costs)
<br /> sustained by OWNER arising out of or relating to 15 . 04 CONTRACTOR May Stop Work or
<br /> completing the Work , such excess will be paid to Terminate
<br /> CONTRACTOR . If such claims , costs , losses , and
<br /> damages exceed such unpaid balance , A. If, through no act or fault of CONTRACTOR ,
<br /> CONTRACTOR shall pay the difference to OWNER . the Work is suspended for more than 90 consecutive
<br /> Such claims , costs , losses , and damages incurred by days by OWNER or under an order of court or other
<br /> OWNER will be reviewed by ENGINEER as to their public authority , or ENGINEER fails to act on
<br /> any
<br /> reasonableness and , when so approved by Application for Payment within 30 days after it is
<br /> ENGINEER , incorporated in a Change Order. When submitted , 9F OWNER fails for 30 days to pay QQN�
<br /> exercising any rights or remedies under this TRACTOR any sum finally deteFrnined tG be due,
<br /> paragraph OWNER shall not be required to obtain the then CONTRACTOR may, upon seven days written
<br /> lowest price for the Work performed , notice to OWNER and ENGINEER , and provided
<br /> OWNER or ENGINEER do not remedy such suspen-
<br /> C . Where CONTRACTOR 's services have been sion or failure within that time , terminate the Contract
<br /> so terminated by OWNER , the termination will not and recover from OWNER payment on the same
<br /> affect any rights or remedies of OWNER against terms as provided in paragraph 15 . 03 . In lieu of
<br /> CONTRACTOR then existing or which may thereafter terminating the Contract and without prejudice to any
<br /> accrue . Any retention or payment of moneys due other right or remedy, if ENGINEER has failed to
<br />act
<br /> CONTRACTOR by OWNER will not release CON - on an Application for Payment within 30 days after it is
<br /> TRACTOR from liability . submitted , oF OWNER has failed for 30 days tG pay
<br /> CONTRACTOR any surn finally determined to be
<br /> 15 . 03 OWNER May Terminate For Convenience due, CONTRACTOR may, seven days after written
<br /> notice to OWNER and ENGINEER , stop the Work
<br /> A. Upon seven days written notice to CON - until payment is made of all such amounts due
<br /> TRACTOR and ENGINEER , OWNER may , without CONTRACTOR , including interest thereon . The
<br /> 00700 - General Conditions REV 04-07. doc
<br /> 00700 - 41
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc
<br />
|