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CONTRACTOR's tools, appliances, construction
<br />equipment, and machinery at the Site, and use the
<br />same to the full extent they could be used by
<br />CONTRACTOR (without liability to CONTRACTOR for
<br />trespass or conversion), incorporate in the Work all
<br />materials and equipment stored at the Site or for
<br />which OWNER has paid CONTRACTOR but which
<br />are stored elsewhere, and finish the Work as OWNER
<br />may deem expedient. In such case, CONTRACTOR
<br />shall not be entitled to receive any further payment
<br />until the Work is finished. If the unpaid balance of the
<br />Contract Price exceeds all claims, costs, losses, and
<br />damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by OWNER arising
<br />out of or relating to completing the Work, such excess
<br />will be paid to CONTRACTOR. If such claims, costs,
<br />losses, and damages exceed such unpaid balance,
<br />CONTRACTOR shall pay the difference to OWNER.
<br />Such claims, costs, losses, and damages incurred by
<br />OWNER will be reviewed by ENGINEER as to their
<br />reasonableness and, when so approved by
<br />ENGINEER, incorporated in a Change Order. When
<br />exercising any rights or remedies under this
<br />paragraph OWNER shall not be required to obtain the
<br />lowest price for the Work performed.
<br />C. Where CONTRACTOR's services have been
<br />so terminated by OWNER, the termination will not
<br />affect any rights or remedies of OWNER against
<br />CONTRACTOR then existing or which may thereafter
<br />accrue. Any retention or payment of moneys due
<br />CONTRACTOR by OWNER will not release CON-
<br />TRACTOR from liability.
<br />15.03 OWNER May Terminate For Convenience
<br />A. Upon seven days written notice to CON-
<br />TRACTOR and ENGINEER, OWNER may, without
<br />cause and without prejudice to any other right or
<br />remedy of OWNER, elect to terminate the Contract.
<br />In such case, CONTRACTOR shall be paid (without
<br />duplication of any items):
<br />1. for completed and acceptable Work
<br />executed in accordance with the Contract
<br />Documents prior to the effective date of
<br />termination, including fair and reasonable sums
<br />for overhead and profit on such Work;
<br />2. for expenses sustained prior to the
<br />effective date of termination in performing
<br />services and furnishing labor, materials, or
<br />equipment as required by the Contract
<br />Documents in connection with uncompleted
<br />Work, plus fair and reasonable sums for
<br />overhead and profit on such expenses;
<br />3. for all claims, costs, losses, and
<br />damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys,
<br />and other professionals and all court or
<br />arbitration or other dispute resolution costs) in-
<br />curred in settlement of terminated contracts
<br />with Subcontractors, Suppliers, and others; and
<br />4. for reasonable expenses directly
<br />attributable to termination.
<br />B. CONTRACTOR shall not be paid on account
<br />of loss of anticipated profits or revenue or other eco-
<br />nomic loss arising out of or resulting from such
<br />termination.
<br />15.04 CONTRACTOR May Stop Work or
<br />Terminate
<br />A. If, through no act or fault of CONTRACTOR,
<br />the Work is suspended for more than 90 consecutive
<br />days by OWNER or under an order of court or other
<br />public authority, or ENGINEER fails to act on any
<br />Application for Payment within 30 days after it is
<br />submitted, or OWNER fails for 30 days to pay CON
<br />TRACTOR any sum finally determined to be due, then
<br />CONTRACTOR may, upon seven days written notice
<br />to OWNER and ENGINEER, and provided OWNER
<br />or ENGINEER do not remedy such suspension or
<br />failure within that time, terminate the Contract and
<br />recover from OWNER payment on the same terms as
<br />provided in paragraph 15.03. In lieu of terminating the
<br />Contract and without prejudice to any other right or
<br />remedy, if ENGINEER has failed to act on an
<br />Application for Payment within 30 days after it is
<br />submitted, or OWNER has failed for 30 days to pay
<br />CONTRACTOR any sum finally determined to be duc,
<br />CONTRACTOR may, seven days after written notice
<br />to OWNER and ENGINEER, stop the Work until
<br />payment is made of all such amounts due
<br />CONTRACTOR, including interest thereon. The
<br />provisions of this paragraph 15.04 are not intended to
<br />preclude CONTRACTOR from making a Claim under
<br />paragraph 10.05 for an adjustment in Contract Price
<br />or Contract Times or otherwise for expenses or
<br />damage directly attributable to CONTRACTOR's
<br />stopping the Work as permitted by this paragraph.
<br />ARTICLE 16 - DISPUTE RESOLUTION
<br />16.01 Methods and Procedures
<br />A. Dispute resolution methods and procedures, if
<br />any, shall be as set forth in the Supplementary
<br />Conditions. If no method and procedure has been set
<br />00700 - General Conditions REV 5-10-13
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