03-25-2015 Council Packet - Laserfiche WebLink

Home Browse Search

General Conditions 8,2.4 1f Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws 8.2.5 If Contractor repeatedly faiIs to supply sufficient skilled workmen or suitable materials or equ ipnent, 8.2.6 I1'Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, 8.2.7 If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8.2.8 If Contractor disregards the authority of Owner, or 8.2.9 IC Contractor otherwise violates in any substantial way any provision of the Contract Documents, Owner may after giving Contractor and its Surety seven days written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of alt Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contractor's Compensation exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the diftcrence to Owner. Such costs incurred by Owner shall be incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 8,3 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from Liability. 8.4 Upon seven days' written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, Contractor shall be paid for all Work executed and any expenses sustained plus reasonable termination expenses. 8.5 lf, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 8.6. 8.6 CONVENJBNCLB'I'IERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this Contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice City of Little Canada, City Hall Audio/Video Project 24 28