|
33
<br />Progressive Design Build General Conditions
<br />
<br />Contract Documents, then Owner, in addition to any other rights and remedies provided in the
<br />Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.
<br />11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide
<br />written notice to Design-Builder that it intends to terminate the Contract unless the problem cited
<br />is cured, or commenced to be cured, within seven (7) days of Design-Builder’s receipt of such
<br />notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then
<br />Owner may give a second written notice to Design-Builder of its intent to terminate within an
<br />additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails
<br />to cure, or reasonably commence to cure, such problem, then Owner may declare the Contract
<br />terminated for default by providing written notice to Design-Builder of such declaration.
<br />11.2.3 Upon declaring the Contract terminated pursuant to Section 11.2.2 above, Owner may
<br />enter the premises and take possession, for the purpose of completing the Work, of all materials,
<br />equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or
<br />provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns
<br />and sets over to Owner for such purpose, and to employ any person or persons to complete the
<br />Work and provide all of the required labor, services, materials, equipment and other items.
<br />In the event of such termination, Design-Builder shall not be entitled to receive any further
<br />payments under the Contract Documents until the Work shall be finally completed in accordance
<br />with the Contract Documents. If the Contract establishes a Guaranteed Maximum Price, Design-
<br />Builder will only be entitled to be paid for Work performed under this Contract. If Owner’s cost and
<br />expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-
<br />Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include
<br />not only the cost of completing the Work, but also losses, damages, costs and expense, including
<br />attorneys’ fees and expenses, incurred by Owner in connection with the re-procurement and
<br />defense of claims arising from Design-Builder’s default, subject to the waiver of consequential
<br />damages set forth in Section 10.5 hereof.
<br />11.2.4 If Owner improperly terminates the Contract for cause, the termination for cause will be
<br />considered a termination for convenience in accordance with the provisions of Article 9 of the
<br />Contract.
<br />11.3 Design-Builder’s Right to Terminate for Cause.
<br />11.3.1 Design-Builder, in addition to any other rights and remedies provided in the Contract
<br />Documents or by law, may terminate the Contract for cause for the following reasons:
<br />11.3.1.1 The Work has been stopped for sixty (60) consecutive days, or more than
<br />ninety (90) days during the duration of the Project, because of court order, any
<br />government authority having jurisdiction over the Work, or orders by Owner under
<br />Section 11.1.1 hereof, provided that such stoppages are not due to Force Majeure
<br />Events, the acts or omissions of Design-Builder or anyone for whose acts Design-Builder
<br />may be responsible.
<br />11.3.1.2 Owner’s failure to provide Design-Builder with any information, permits or
<br />approvals that are Owner’s responsibility under the Contract Documents which result in
<br />the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days
<br />during the duration of the Project, even though Owner has not ordered Design-Builder in
<br />writing to stop and suspend the Work pursuant to Section 11.1.1 hereof.
<br />11.3.2 Upon the occurrence of an event set forth in Section 11.3.1 above, Design-Builder may
<br />provide written notice to Owner that it intends to terminate the Contract unless the problem cited
<br />is cured, or commenced to be cured, within thirty (30) days of Owner’s receipt of such notice. If
|