Subcontractor Non-Performance Sample Clauses
Subcontractor Non-Performance. If any Subcontractor to whom a bid package has been awarded is unable to perform for whatever reason, the Contractor shall have the option to rebid or negotiate for the performance of the work or perform the work itself. The Contractor shall bear all risk and/or be responsible for cost overruns occasioned by a Subcontractor's inability to perform.
Subcontractor Non-Performance. If any Subcontractor to whom a bid package has been awarded is unable to perform for whatever reason, the GC/CM, with the Port’s prior written approval, shall have the option to either rebid or negotiate for the performance of the work, or perform the work itself, provided the GC/CM does not exceed the self-performance limitation imposed by law and further provided that such work is of the type customarily performed by the GC/CM. The GC/CM shall bear all risk and/or be responsible for cost overruns occasioned by a Subcontractor's inability to perform.
