CITY’S RIGHT TO CARRY OUT THE WORK. If Contractor fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at Contractor's expense. In such case, City shall be entitled to deduct from payments then or thereafter due Contractor the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the additional amount to City.
CITY’S RIGHT TO CARRY OUT THE WORK. 2.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform any provision of the Contract, the City may, after seven (7) days' written notice to the Contractor and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City promptly upon request.
CITY’S RIGHT TO CARRY OUT THE WORK. 6.3.1 If the Contractor persistently fails or refuses to perform the Work in accordance with the Contract, the City may carry out the Work, or any described portion thereof, by giving the Contractor and its surety written notice of its intent to do so. Upon receiving such notice, the Contractor and its surety shall have 7 days to cure its failure or refusal to perform the Work in accordance with the Contractor as set forth in the City’s notice. If the Contractor and surety fail to cure within the time allotted, the City may proceed. Upon proceeding to perform or cause to be performed any corrective actions, the City shall provide notice to the Contractor and the surety of action being taken by the City. In such a situation, an appropriate Change Order shall be issued to the Contract deducting from the Contract Price the cost of correcting the subject deficiencies. If the unpaid portion of the Contract Price is insufficient to cover the amount due the City, the Contractor and the surety shall be responsible for paying the difference to the City upon demand. Any delay to the Work that results from the City carrying out the Work under this provision shall be the Contractor’s responsibility and shall not entitle the Contractor to and adjustment to the Contract Price or Contract Time.
CITY’S RIGHT TO CARRY OUT THE WORK. If DBT fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at DBT's expense. In such case, City shall be entitled to deduct from payments then or thereafter due DBT the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due DBT are not sufficient to cover such amounts, DBT shall pay the additional amount to City.
CITY’S RIGHT TO CARRY OUT THE WORK. 9.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) calendar days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to any other remedies it may have, initiate and complete the necessary work to cure such deficiencies. In such case an appropriate Contract modification shall be issued deducting from payments then or thereafter due to Contractor, the cost of correcting such deficiencies, including compensation for any additional services of the City’s consultant’s made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City by way of reimbursement.
CITY’S RIGHT TO CARRY OUT THE WORK. 3.4.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails, within seven calendar days after receipt of written notice from the City, to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven calendar days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Engineer’s additional services made necessary by such default, neglect, or failure. Such action by the City and the amount charged to the Contractor are both subject to the prior approval of the Engineer. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City upon demand.
CITY’S RIGHT TO CARRY OUT THE WORK. If Engineer persistently fails to perform any of its obligations under this Agreement, City may, after seven (7) days’ written notice, during which period Engineer fails to complete such obligation, undertake to perform such obligations without terminating this Agreement. The Task Order Price shall be reduced by the cost of City performing such obligations. In the event City exercises its rights under this Paragraph, upon request of Engineer, City shall provide a detailed accounting of the cost incurred by City.
CITY’S RIGHT TO CARRY OUT THE WORK. If the Design-Builder defaults and neglects to carry out the Work in accordance with the Work Order Package and applicable Contract Documents, or fails to perform any of its obligations under the Contract Documents, the City may, in the event Design-Builder does not commence to cure such default within five (5) business days’ written notice to the Design-Builder, and without prejudice to any other remedy the City may have, make good such deficiencies; provided, however, City shall have no obligation to undertake the correction of such deficiencies. In such case, City shall deduct from payments then or thereafter due the Design-Builder the cost of correcting such deficiencies. If the payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder shall pay the difference to the City within thirty (30) Days of written demand from the City.
CITY’S RIGHT TO CARRY OUT THE WORK. A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies, including compensation for additional services by the City’s project management staff, the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15% for City’s overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is cumulative.
CITY’S RIGHT TO CARRY OUT THE WORK. If Contractor defaults, neglects or fails to carry out the Work in accordance with the Contract Documents and fails, within a three (3) work-day period after receipt of written notice from City, to commence and continue correction of such default, neglect or failure with diligence and promptness, City may, without prejudice to other remedies City may have, correct such deficiencies, neglect or failure. In such case, an appropriate Change Order may be issued deducting from payments then or thereafter due Contractor reflecting the reasonable cost of correcting such deficiencies, neglect or failure of Contractor, including all of City’s incurred expenses and compensation for Design Consultant’s additional services made necessary by such default, neglect or failure of Contractor. If payments then or thereafter due Contractor are not sufficient to cover such amounts for the Work performed, Contractor shall pay the difference to City. End of Article II
