Common use of Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause Clause in Contracts

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. A. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after providing seven (7) calendar days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies or satisfy the Owner of the appropriateness of its response. Owner’s actions may include, but not be limited to, termination of the Agreement and/or Activations and Construction Authorizations. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. If the contract balance is insufficient the Owner may seek recovery against the Construction Manager and/or its Surety.

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. A. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after providing seven (7) calendar days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies or satisfy the Owner of the appropriateness of its response. Owner’s actions may include, but not be limited to, termination of the Agreement and/or Activations and Construction Authorizations. The GMP, or the actual cost Direct Cost of the ProjectWork, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. If the contract balance is insufficient the Owner may seek recovery against the Construction Manager and/or its Surety.

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. A. 1. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after providing seven (7) calendar days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies or satisfy the Owner of the appropriateness of its response. Owner’s actions may include, but not be limited to, termination of the Agreement and/or Activations and Construction Authorizations. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. If the contract balance is insufficient the Owner may seek recovery against the Construction Manager and/or its Suretysurety.