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Construction Contract ,
<br /> GENEIt�iL CONDITIONS
<br /> A Correction of Work Bcfore Finai Pavment �
<br /> 1) In the event that the Conhactor receives a noti5cation of faWty or unacceptable Work by Owner's Representative,the Conhactor
<br /> shall prompUy remove from the premises ali work condemned as failing to conform to the requirements ofthe Conhact Documents,whether incorporated �
<br /> in the Work a not. The Contractor shall then promptly replace and re-execute its own work in accordance with the Contract Documents and without
<br /> expense to the Owner and shall bear the e�cpense of maldng good all work of other contractors destroyed or damaged by such removal or replacement.
<br /> In addition,the Conhactor shall perfortn all cutting and fitting for other trades necessitated by the ComracWr's elrors.
<br /> 2) Should the Contractor refuse or fail to correct fautty or damaged work promptly(but in no case longer than twenty(20)days),or �
<br /> should the Owner's Representative consider it inadvisable for tbe Contractor to do so,the Owner may eitiier(a}authorize another conUractor to correct
<br /> the work at the Contractors expe�nse or(b)accept tbe faulty or damaged work and obtain from the Contractor a ciedit,contaimd in a Change of Cont�act,
<br /> representing the diminished value of the work accepted.
<br /> 3) The Owner shalI make a final inspection of aIl Work after the Project hae been completed.Coirection of all faulty or unacceptable �
<br /> work by the Contractor sha(I be a wndi6on precedent to Final Payment. Final acceptance s6all occur after the Owne�s Punchlist,prepaced during final
<br /> inspection,has been satisfied,such satisfaction of the ponchlist being a condition precedent to Final Payme�nt.
<br /> B. Cornction of Work After Final Pavment �
<br /> No provision in thc Contract Documents shall rolieve the Contractor of his responsibility for faulty materials,equipment or worlananship. Uniess
<br /> oWerwise speci6ed,the Conhactor,upon norification by the Owner,shail prompUy remedy any such defeets due thereto and pay for any damage to the Owner �
<br /> resulting therefrom.
<br /> 22. OWNER'S RIGHT TO DO WORK/SI'OP WORI{
<br /> 3f the Contractor should neglect to prosecute the Work propedy or make progress sufficient to ensure completion in accordance with the Construction Progress �
<br /> Schedule,or othenvise fail to perform any provision of the Contract,the Owner may either(1)order the Contractor to stop the Work(or any portion thereof}until
<br /> the cause for such order has bcen eIiminated,or(2)upon forty-eight(48)hours written notice to the Contractor and his surety,if any,and without prejudice to any
<br /> other remedy the Owner may have,make good such deficiencies and deduct the cost thereof from any payment then or thereafter due the Contractor. Ifthe payments
<br /> then or thereafter due ihe Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. However,this right of the Owner �
<br /> to stop thc Work shatl not give rise to any duty on the part of the Owner to exercise its right for the benefit of the ContracWr or any other person or entity,nor shall
<br /> ii relieve the Cantractor of his responsibility for providing for the saf�y of persons on the Project Site or void any wairanty of the Contractor,either express or
<br /> implied.
<br /> 23. CONTRAGT TERMIlVATION �
<br /> A. Owner's Riaht to Terminate
<br /> t) The Contractor shall be in default of this Contract if it(s)becomes insolven�(b)files a has filed agaiast it aay Petition in �
<br /> Bankruptcy or makes a general assignment for the benefit of its creditors;(c}fails to pay,when due,for materials,supplies,labor,or other items purchased
<br /> or used in connection with the Work;(�refuses or fails to prosecute the Work,or any separable paR thereof,with such diligence as will ensure the
<br /> comple6on of the Work in acxordance with the Construction Progress Schedule;(e)in the Owner's opinion,fails,refuses or neglects to stipply sufficient
<br /> labor,material or supervision in the prosecution of d�e Wod�(�interferes with or disrupts,or threatens to interferc with or disrupt the operations of the �
<br /> Owner,or any offier contractor,sapplier,subcontractor,or other perso+�worlcing on the Projeet,whether by mason of any labor dispute,picketing,
<br /> boycotting or by any other reason;or(p�commits any other breach of this Contracx.
<br /> 2) In the event of a default by the Contractor or an election by the Owner w act in accordance with Subparag�aph 6 of this Paragraph, '
<br /> the Owner may terminate this Cootract,and such termination shall bc effective forty-eight(48)hours after the Contractor receives written notice thereof.
<br /> At the Owner's option,the Ovmer may rescind its te�mination no6ce by so notifying tl�e Coatractor in any appropriate manner prior to the expiration of
<br /> forty�ight(48)hours after the Contractor received the termination noticx or prior to the time the Contractor removes his equipment and forces from the
<br /> Project Site,w6ichever is lated,and the Owner may take possession ofall or arry maberiels,supplies,equipment end tools pertaining to this Project whether '
<br /> on the Project Site,in the Contractor's shop or in transit,and may make independent aerangements for the completion of the Work. The aznount of the
<br /> completion cost,as well as any other costs,damages,or expenses,including the Owrter's legal fces and expenses,incuaed as a resuit of a default,shall
<br /> be charged against any unpaid balance due the Contractor,and,ifsaid rotal costs,damages,or expenses shall excaed the ba�ance due,the Contractor agrees
<br /> to pay the amount of said excess within 5fteen(15)days of the Owner's demand thaefor.
<br /> 3) T6e materials,supplies,equipment and tools taken by the Owner may be used in completing ffie Work and may be inco�porated '
<br /> into the unprovements being wnsOnicted. With respect to any of such items incoiporated into the Projec�or consumed in the Work,the net reasonable
<br /> value of the same as of the date oftaking shall be credited against the aforesaid total complaion costs,damages and expenses. With respeet to eny such
<br /> itemc which ate not so incorporated or consumed,or which have a salvage value,the Owner may,at its option(a)assume title to the same or any part ,
<br /> of the same,as of the date of default and credit the net reasonable value thareof as of the date of taking against the total complction cost,damages,and
<br /> expenses,or(b)retum the same to the Contractor and credit tl�c net reasonabte value of the use thereof 6y the Owner against the said total completion
<br /> cost,damages and expenses. As used in the preceding sent�ces,the phrase"net reasonable valae"of any it�ns shall mean the reasonable value after
<br /> deducting all amounts which have been paid to ffie Contractor on account theroof. ,
<br /> 4) In the event ihat the 4wner does rtot terminate this Contract despite the occu�nce of an event of default,but instead assents to
<br /> delayed compleGon of the Work by the Contractor,such assertY shall not be consWed as a waiver of the Contractors obligation to reimburse the Owner
<br /> for any costs,damages,or acpenses incwred as a result of such delay;and atl such costs,damages,and expenses shall be paid or reimbursed to the Owner '
<br /> within Sfteen(15)days of the Owner's demand therefor.
<br /> c�.�a 00810-11 '
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