Laserfiche WebLink
the CONTRACTOR shall not be entitled to receive any further payment until the <br /> WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the <br /> direct and indirect costs of completing the PROJECT,including compensation for <br /> additional professional services,such excess shall be paid to the CONTRACTOR. <br /> If such costs exceed such unpaid balance,the CONTRACTOR will pay the <br /> difference to the OWNER. Such costs incurred by the Owner will be determined <br /> by the ENGINEER and incorporated in a CHANGE ORDER. <br /> 21.3 Where the CONTRACTORS services have been so terminated by the OWNER, <br /> said termination shall not affect any right of the OWNER against the <br /> CONTRACTOR then existing or which may thereafter accrue. Any retention <br /> or payment of monies by the OWNER due the CONTRACTOR will not release <br /> the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. <br /> 21.4 After ten(10)days from delivery of a WRITTEN NOTICE to the CONTRACTOR <br /> and the ENGINEER,the OWNER may,without cause and without prejudice to any <br /> other right or remedy,elect to abandon the PROJECT and terminate the <br /> CONTRACT. In such case,the CONTRACTOR shall be paid for all WORK <br /> Executed and any expense sustained plus reasonable profit. <br /> 21.5 If,through no act or fault of the CONTRACTOR the WORK is suspended for a <br /> period of more than ninety(90)days by the OWNER or under an order of court <br /> or other public authority,or the ENGINEER fails to act on any request for payment <br /> within thirty(30)days after it is submitted,or the OWNER fails to pay the <br /> CONTRACTOR substantially the sum approved by the ENGINEER or awarded <br /> by arbitrators within thirty(30)days of its approval and presentation,then the <br /> CONTRACTOR may,after ten(10)days from delivery of a WRITTEN NOTICE <br /> to the OWNER and the ENGINEER,terminate the CONTRACT and recover <br /> from the OWNER payment for all WORK executed and all expenses sustained. <br /> In addition and in lieu of terminating the CONTRACT,if the ENGINEER has <br /> failed to act on a request for payment or if the OWNER has failed to make any <br /> payment as aforesaid,the CONTRACTOR may upon ten(10)days WRITTEN <br /> NOTICE to the OWNER and the ENGINEER stop the WORK until he has been <br /> paid all amounts then due,in which event and upon resumption of the WORK, <br /> CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or <br /> extending the CONTRACT TIME or both to compensate for the costs and delays <br /> attributable to the stoppage of the WORK. <br /> 21.6 In the performance of all or any portion of the WORK is suspended,delayed,or <br /> interrupted as a result of a failure of the OWNER or ENGINEER to act within the time <br /> specified in the CONTRACT DOCUMENTS,or if no time is specified,within a <br /> reasonable time,an adjustment in the CONTRACT PRICE or an extension of the <br /> CONTRACT TIME,or both,shall be made by CHANGE ORDER to compensate the <br /> CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER <br /> or ENGINEER. <br /> 22. PAYMENTS TO CONTRACTOR <br /> 22.1 At least fifteen(15)days before each progress payment falls due(but not more often than <br /> once a month),the CONTRACTOR will submit to the ENGINEER a partial payment <br /> estimate filled out and signed by the CONTRACTOR covering the WORK performed <br /> GC-14 <br />