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2008-009 (2)
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2008-009 (2)
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Last modified
2/6/2026 11:32:24 AM
Creation date
9/30/2015 11:52:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/08/2008
Control Number
2008-009 (2)
Agenda Item Number
11.I.1
Entity Name
H & J Contracting
Subject
CR 512 Phase IV Improvements
Area
CR 512
Project Number
9611
Bid Number
2008012
Supplemental fields
SmeadsoftID
6829
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to 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 />r 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 />4111110 3. for all claims, costs, losses, and <br />damages (including but not limited to all fees <br />and charges of engineers, architects, <br />attorneys, and other professionals and all court <br />"r or arbitration or other dispute resolution costs) <br />incurred in settlement of terminated contracts <br />with Subcontractors, Suppliers, and others; and <br />r <br />4. for reasonable expenses directly <br />attributable to termination. <br />to <br />so <br />0 <br />• <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 <br />due, CONTRACTOR may, seven days after written <br />notice to OWNER and ENGINEER, stop the Work <br />until 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, <br />if any, shall be as set forth in the Supplementary <br />Conditions. If no method and procedure has been set <br />forth, and subject to the provisions of paragraphs 9.09 <br />and 10.05, OWNER and CONTRACTOR may <br />exercise such rights or remedies as either may <br />otherwise have under the Contract Documents or by <br />Laws or Regulations in respect of any dispute. <br />ARTICLE 17 - MISCELLANEOUS <br />17.01 Giving Notice <br />A. Whenever any provision of the Contract <br />Documents requires the giving of written notice, it will <br />be deemed to have been validly given if delivered in <br />person to the individual or to a member of the firm or <br />to an officer of the corporation for whom it is intended, <br />or if delivered at or sent by registered or certified mail, <br />postage prepaid, to the last business address known <br />to the giver of the notice. <br />17.02 Computation of Times <br />A. When any period of time is referred to in the <br />Contract Documents by days, it will be computed to <br />exclude the first and include the last day of such <br />period. If the last day of any such period falls on a <br />Saturday or Sunday or on a day made a legal holiday <br />by the law of the applicable jurisdiction, such day will <br />be omitted from the computation. <br />17.03 Cumulative Remedies <br />A. <br />The duties <br />and <br />obligations imposed by <br />these <br />General <br />Conditions <br />and <br />the rights and remedies <br />avail - <br />00700 - General Conditions REV 04-07 <br />00700-44 <br />F1EnginearingVWiliamslMaster ont dWaster Contract Doameras100700- General Condibans REV 04-07.doc <br />YM <br />
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