|
I issuance of an order of a court or other public authority having jurisdiction which
<br /> requires all Work to be stopped;
<br /> . 2 an act of government, such as a declaration of national emergency which requires
<br /> all Work to be stopped;
<br /> . 3 because the Architect has not issued a Certificate for Payment and has not
<br /> notified the Contractor of the reason for withholding certification as provided in
<br /> Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate
<br /> for Payment within the time stated in the Contract Documents; or
<br /> .4 the Owner has failed to furnish to the Contractor promptly, upon the
<br /> Contractor's request, reasonable evidence as required by Subparagraph 2.2.1.
<br /> 14 . 1 . 2 The Contractor may terminate the Contract if, through no act or fault of the
<br /> Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other
<br /> persons or entities performing portions of the Work under direct or indirect contract with the
<br /> Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as THIS DOCUMENT HAS IMPORTANT LEGAL
<br /> described in Paragraph 14.3 constitute in the aggregate more than ioo percent of the total CONSEQUENCES. CONSULTATIONWITHAN
<br /> number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. ATTORNEY 15 ENCOURAGED WITH
<br /> RESPECT TO ITS COMPLETION OR
<br /> 14 . 1 . 3 If one of the reasons described in Subparagraph 14. 1.1 or 14. 1. 2 exists, the Contractor MODIFICATION. AUTHENTICATION
<br /> OF THIS
<br /> may, upon seven days' written notice to the Owner and Architect, terminate the Contract and ELECTRONICALLY DRAFTED AIA
<br /> recover from the Owner payment for Work executed and for proven loss with respect to DOCUMENT MAY BE MADE BY USING
<br />AIA
<br /> materials, equipment, tools, and construction equipment and machinery, including reasonable DOCUMENT D401.
<br /> overhead, profit and damages. This document has been approved and
<br /> 14 . 1 . 4 If the Work is stopped for a period of 6o consecutive days through no act or fault of endorsed by The Associated General
<br /> Contractors of America.
<br /> the Contractor or a Subcontractor or their agents or employees or any other persons performing
<br /> portions of the Work under contract with the Contractor because the Owner has persistently
<br /> failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
<br /> important to the progress of the Work, the Contractor may, upon seven additional days'
<br /> written notice to the Owner and the Architect, terminate the Contract and recover from the
<br /> Owner as provided in Subparagraph 14. 1.3.
<br /> 14 . 2 TERMINATION BY THE OWNER FOR CAUSE
<br /> 14 . 2 . 1 The Owner may terminate the Contract if the Contractor:
<br /> . 1 persistently or repeatedly refuses or fails to supply enough properly skilled
<br /> workers or proper materials;
<br /> . 2 fails to make payment to Subcontractors for materials or labor in accordance with
<br /> the respective agreements between the Contractor and the Subcontractors;
<br /> . 3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
<br /> authority having jurisdiction; or
<br /> . 4 otherwise is guilty of substantial breach of a provision of the Contract
<br /> Documents.
<br /> 14 . 2 . 2 When any of the above reasons exist, the Owner, upon certification by the Architect
<br /> that sufficient cause exists to justify such action, may without prejudice to any other rights or
<br /> remedies of the Owner and after giving the Contractor and the Contractor' s surety, if any, M�M
<br /> seven days' written notice, terminate employment of the Contractor and may, subject to any
<br /> prior rights of the surety:
<br /> . 1 take possession of the site and of all materials, equipment, tools, and construction ,,
<br /> . 04
<br /> equipment and machinery thereon owned by the Contractor; 4%;
<br /> . 2 accept assignment of subcontracts pursuant to Paragraph 5 .4; and
<br /> 01997 AIA®
<br /> AIA DOCUMENT A201 - 1997
<br /> GENERAL CONDITIONS OF THE
<br /> Copyright 1911, 1915, 1918, 1925, 19371 19511 19580 1961, 1963, 1966, 1967, 1970, 19761 1987,7977 by T e
<br />CONTRACT FOR CONSTRUCTION
<br /> American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial
<br /> quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of
<br /> Architects
<br /> States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue,
<br /> N .W.
<br /> copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292
<br /> with permission of the AIA and can be reproduced in accordance with your license without violation until
<br /> the date of expiration as noted below. expiration as noted below. expiration as noted below . User
<br /> Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252,
<br /> which expires on 12/31/2004.
<br /> 46
<br />
|