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

OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within three (3) business days period after written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such three (3) business days period, without further notice and 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 contractor thee cost of correcting such deficiencies, including compensation for the Architect’s additional services and expenses made necessary by such default, neglect, or failure. Such action by the Owner and the amount charged to the Contractor are not subject to approval of the Architect. If payments then or thereafter are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

Appears in 16 contracts

Samples: Agreement, Agreement, Agreement

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OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If if the Contractor defaults or neglects to carry out the work Work in accordance with the Contract Documents and fails within three (3) business days a seven-day period after receipt of written notice from the Owner to commence and continue correction of such Such default or neglect with diligence and promptness, the Owner may after such three (3) business days period, without further notice and seven-day period without prejudice to other remedies the owner Owner may have, correct such deficiencies. In such case an appropriate change order Change Order shall be issued deducting from payments then or thereafter due the contractor thee Contractor the cost of correcting such deficiencies, including compensation for the Architect’s 's additional services and expenses made necessary by such default, neglect, neglect or failure. Such action by the Owner and the amount amounts charged to the Contractor are not both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

Appears in 1 contract

Samples: Agreement (Digex Inc/De)

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OWNER’S RIGHT TO CARRY OUT THE WORK. 2.4.1 If the Contractor defaults or neglects to carry out the work Work in accordance with the Contract Documents and fails within three (3) business days 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 three (3) business days period, without further notice and seven-day period without prejudice to other remedies the owner Owner may have, correct such deficiencies. In such case an appropriate change order Change Order shall be issued deducting from payments then or thereafter due the contractor thee Contractor the cost of correcting such deficiencies, including compensation for the Architect’s 's additional services and expenses made necessary by such default, neglect, neglect or failure. Such action by the Owner and the amount amounts charged to the Contractor are not both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

Appears in 1 contract

Samples: Contract for Construction (Monarch Casino & Resort Inc)

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