Common use of Subcontractor Non-Performance Clause in Contracts

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.