Common use of OWNER’S RIGHT TO CARRY OUT THE WORK Clause in Contracts

OWNER’S RIGHT TO CARRY OUT THE WORK. If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) Day period after receipt of written notice from the Owner to commence and diligently continue correction of such default or neglect with diligence and promptness, Owner may after such seven (7) Day period give the Design/Builder a second written notice to correct such deficiencies within such second seven (7) Day period. If the Design/Builder within such second seven (7) Day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies, the Owner, without prejudice to other remedies the Owner may have, may correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to the Design/Builder the cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due to the Design/Builder are insufficient to cover such amounts, the Design/Builder shall pay the difference to the Owner.

OWNER’S RIGHT TO CARRY OUT THE WORK. A.2.5.1 If the Design/-Builder defaults or neglects to carry out the Work in accordance with the Contract Design-Build Documents and fails within a seven (7) Day seven-day period after receipt of written notice from the Owner to commence and diligently continue correction of such default or neglect with diligence and promptness, the Owner may after such seven (7) Day seven-day period give the Design/-Builder a second written notice to correct such deficiencies within such second seven (7) Day a three-day period. If the Design/-Builder within such second seven (7) Day three-day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies, then, in addition to all other rights and remedies available to Owner under the OwnerDesign-Build Documents, at law or equity, the Owner may, without prejudice to other remedies the Owner may have, may correct such deficiencies. In such case case, an appropriate Change Order shall be issued deducting from payments then or thereafter due to the Design/-Builder the reasonable cost of correcting such deficiencies, including compensation for additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due to the Design/-Builder are insufficient not sufficient to cover such amounts, the Design/-Builder shall pay the difference to the Owner immediately upon Owner’s written demand.

OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If the Design/Builder Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) Day seven-day period after receipt of written notice from the Owner to commence and diligently continue correction of such default or neglect with diligence and promptness, [the Owner may after such seven (7) Day seven-day period give the Design/Builder Contractor a second written notice to correct such deficiencies within such a second seven (7) Day seven-day period. If the Design/Builder Contractor within such second seven (7) Day seven-day period after receipt of such second notice fails to commence and diligently continue to correct any deficiencies,] or fails within such seven-day period to eliminate (or diligently commence to eliminate) the cause of any stop work order issued under Subparagraph 2.3.1 hereof, the OwnerOwner may, without prejudice to other remedies the Owner may have, may correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to the Design/Builder Contractor the cost of correcting such deficiencies, including compensation for the Development Manager's and Architect's and their consultants' additional services and expenses made necessary by such default, neglect or failure. [Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.] If payments then or thereafter due to the Design/Builder Contractor are insufficient not sufficient to cover such amounts, the Design/Builder Contractor shall pay the difference to the Owner.