Laserfiche WebLink
elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not <br /> be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract <br /> Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited <br /> to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess <br /> will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the <br /> difference to OWNER. Such costs incurred by OWNER will be incorporated in a Change Order, but when <br /> exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest <br /> price for the Work performed. <br /> 15 .3 Where CONTRACTOR' s services have been so terminated by OWNER, the termination will not affect any <br /> rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue . Any <br /> retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from <br /> liability. <br /> 15 . 3 . 1 CONTRACTOR and its Surety or Sureties shall be liable jointly and severally for all costs in <br /> excess of the Contract Price for such terminated Work reasonably and necessarily incurred in the <br /> completion of the Work as scheduled, including costs of administration of any contract awarded to <br /> others for completion and for Liquidated Damages. <br /> 15A Termination by the OWNER for Convenience . <br /> Notwithstanding any other provisions to the contrary in the Contract Documents, the OWNER reserves the <br /> right at any time and in its sole and absolute discretion to terminate the services of the CONTRACTOR <br /> with respect to the Work by giving written notice to the CONTRACTOR. In such event, <br /> the <br /> CONTACTOR shall be entitled to, and the OWNER shall reimburse the CONTRACTOR for, an equitable <br /> portion of the Contract Price based on the portion of Work completed prior to the effective date of <br /> termination and for any other reasonable costs attributable to such termination. <br /> Contractor May Stop Work or Terminate: <br /> 15 . 5 If, through no act or fault of CONTRACTOR, ENGINEER fails to act on any Application for Payment <br /> within thirty (30) days after it is submitted, or OWNER fails to pay CONTRACTOR any sum finally <br /> determined to be due within the timeframes set forth in the Florida Prompt Payment Act, Florida Statutes <br /> sections 218 . 70 et. seq., then CONTRACTOR may, upon seven (7) days written notice to OWNER and <br /> ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any <br /> expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the <br /> Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make <br /> any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to OWNER and <br /> ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall <br /> not relieve CONTRACTOR of the obligations under paragraph 6 . 33 to carry on the Work in accordance <br /> with the progress schedule and without delay during disputes and disagreements with OWNER. <br /> ARTICLE 16 — MEDIATION <br /> 16 . 1 In the event of any dispute or disagreement arising in connection with the Project or the <br /> Contract <br /> Documents that does not require immediate legal relief, the Project Manager for the OWNER and the <br /> Project Superintendent for the CONTRACTOR, together with any other parties as are necessary or <br /> desirable , agree to meet in a good faith attempt to resolve such dispute . If the parties conclude <br /> that <br /> amicable resolution through continued negotiation of the matter at issue does not appear likely, the parties <br /> may agree to try in good faith to settle the dispute by mediation by a certified mediator of the 19th Judicial <br /> Circuit of the State of Florida . No party is required to use mediation prior to beginning formal proceedings <br /> for the judicial resolution of any such dispute . <br /> GENERAL CONDITIONS GC28 <br />