If the Contractor does not correct such condemned work and material within a reasonable time as
<br /> fixed by written notice , the Owner may correct it at the expense of such correction . Within ten
<br /> days thereafter, the Owner may , upon ten days written notice , deduct all the cost and expenses
<br /> that should have been borne by the Contractor.
<br /> Article 20 , SUSPENSION OF WORK
<br /> The Owner may at any time suspend the work , or any part thereof by giving five days notice to the
<br /> Contractor in writing . The work shall be resumed by the Contractor within ten days after the date
<br /> fixed in a written notice to resume work from the Owner to the Contractor. The Owner will
<br /> reimburse the Contractor for expense incurred by the Contractor in connection with the work under
<br /> this contract as result of such suspension unless the suspension was ordered by the Engineer to
<br /> enforce the contract or for any violation of the contract .
<br /> Article 21 , THE OWNERS'S RIGHT TO DO WORK
<br /> If the Contractor should neglect to prosecute the work properly or fail to perform any provision of
<br /> this contract , the Owner, after three days written notice to the Contractor, may , without prejudice to
<br /> any other remedy he may have , make good such deficiencies at the Contractor' s expense .
<br /> Article 22 , THE OWNER' S RIGHT TO TERMINATE CONTRACT
<br /> If the Contractor should be adjudged a bankrupt , or if he should make a general assignment for
<br /> the benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if a
<br /> writ of garnishment shall be served upon the Owner, seeking to reach funds due or to become due
<br /> the Contractor, or if the Government of the United States or any state or county shall garnishee ,
<br /> distrain , attach , or seek to reach funds due or to become due the Contractor, or
<br /> if he should persistently or repeatedly refuse or should fail , except in cases of which extension of
<br /> time is provided , to supply enough properly skilled workmen or proper materials , or if he should fail
<br /> to make prompt payment to subcontractors or for material or labor, or persistently disregard laws ,
<br /> ordinances or the authority of the Engineer, or otherwise be guilty of a substantial violation of any
<br /> provision of the contract , then the Owner, upon the certificate of the Engineer that sufficient cause
<br /> exists to justify such action may without prejudice to any other right or remedy and after giving the
<br /> Contractor seven days written notice , terminate the employment of the Contractor and take
<br /> possession of the premises and of all materials , tools , and appliances thereon and finish the work
<br /> by whatever method he may deem expedient. In such case , the Contractor will not be entitled to
<br /> receive any further payment until the work is finished .
<br /> If the unpaid balance of the contract price exceeds the expense of finishing the work , including
<br /> compensation for additional managerial and administrative services , such excess will be paid to
<br /> the Contractor. If such expense exceeds such unpaid balance , the Contractor shall pay the
<br /> difference to the Owner. The expense incurred by the Owner as herein provided , and the damage
<br /> incurred through the Contractors default will be certified by the Engineer and deducted by the
<br /> Owner from any sums , which would otherwise be due to the Contractor. All parties agree to be
<br /> bound by engineer's certified cost estimate summary
<br /> Article 23 , CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT
<br /> If the work should be stopped under an order of any court , or other public authority for a period of
<br /> three months , through no act or fault of the Contractor or of anyone employed by him , or if the
<br /> Engineer should fail to issue any estimate for payment within seven days after it is due , or if the
<br /> Owner fails to pay the Contractor within ten days of its maturity and presentation , any sum certified
<br /> by the Engineer or awarded by arbitrators , then the Contractor may , upon seven days written
<br /> notice to the Owner and the Engineer, stop work or terminate this contract and recover from the
<br /> GC-6
<br />
|