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

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 Design-Build Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Design-Builder a second written notice to correct such deficiencies within a three-day period. If the Design-Builder within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, then, in addition to all other rights and remedies available to Owner under the Design-Build Documents, at law or equity, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design-Builder the reasonable cost of correcting such deficiencies. If payments due the Design-Builder are 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. A.2.5.1 If the Design-/Builder defaults or neglects to carry out the Work in accordance with the Design-Build Contract Documents and fails within a seven-day 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, the Owner may after such seven-day seven (7) Day period give the Design-/Builder a second written notice to correct such deficiencies within a three-day such second seven (7) Day period. If the Design-/Builder within such three-day second seven (7) 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 Design-Build Documents, at law or equity, the Owner mayOwner, 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 not sufficient insufficient 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. A.2.5.1 2.4.1 If the Design-Builder Contractor defaults or neglects to carry out the Work in accordance with the Design-Build Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Design-Builder Contractor a second written notice to correct such deficiencies within a three-day period. If the Design-Builder Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, then, in addition to all other rights and remedies available to Owner under the Design-Build Documents, at law or equity, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design-Builder Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If payments then or thereafter due the Design-Builder Contractor are not sufficient to cover such amounts, the Design-Builder Contractor shall pay the difference to the Owner immediately upon Owner’s written demand.