|
ARTICLE 20 TERMINATION OF THE CONTRACT
<br /> §20.1 Termination by the Contractor
<br /> If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the
<br /> Contractor,or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days,the
<br /> Contractor may,upon seven additional days'notice to the Owner and the Architect,terminate the Contract and
<br /> recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by
<br /> reason of such termination,and damages.
<br /> §20.2 Termination by the Owner for Cause
<br /> §20.2.1 The Owner may terminate the Contract if the Contractor
<br /> .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
<br /> .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
<br /> agreements between the Contractor and the Subcontractors;
<br /> .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful
<br /> orders of a public authority;or
<br /> .4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
<br /> §20.2.2 When any of the reasons described in Section 20.2.1 exists,the Owner,upon certification by the Architect
<br /> that sufficient cause exists to justify such action,may,without prejudice to any other remedy the Owner may have
<br /> and after giving the Contractor seven days'notice,terminate the Contract and take possession of the site and of all
<br /> materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor and may
<br /> finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,
<br /> the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the
<br /> Work.
<br /> §20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor shall
<br /> not be entitled to receive further payment until the Work is finished.
<br /> §20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for
<br /> the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not
<br /> expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance,
<br /> the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case
<br /> may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive
<br /> termination of the Contract.
<br /> §20.3 Termination by the Owner for Convenience
<br /> The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Owner
<br /> shall pay the Contractor for Work e*o *ea• and,rias ifieuffed by reason of...eek te.....inatio elodi ,.
<br /> g ,sts
<br /> .. ets;a* ,,.o....,inatio f follows v if s iexecuted
<br /> fi
<br /> ARTICLE 21 CLAIMS AND DISPUTES
<br /> §21.1 Claims,disputes,and other matters in question arising out of or relating to this Contract,including those
<br /> alleging an error or omission by the Architect but excluding those arising under Section 16.2,shall be referred
<br /> initially to the Architect for decision.Sueh ma#er-s,e*eept these waived as pr-evided for-in Seetion 21.11 an'
<br /> 84 e-@6 e-n-s 15.7.-1 am d- 15.7.4,shal 1,af ter-initi a!de e i s ia n by th-e Afe hit eet or-3 0 days after-sul hE Mi s s i em AB f th e matt or-t a
<br /> §21.2 Notice of Claims
<br /> §21.2.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered
<br /> prior to expiration of the period for correction of the Work set forth in Section 18.2,shall be initiated by notice to
<br /> the Architect within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the
<br /> claimant first recognizes the condition giving rise to the Claim,whichever is later.
<br /> Init. AIA Document A104-2017(formerly A107T°"—2007).Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017.All
<br /> rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of 24
<br /> The American Institute of Architects.This document was produced at 14:33:21 CT on 01/31/2024 under Order No.3104238599 which expires on 05/21/2024,is
<br /> not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright
<br /> violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3B9ADA3D)
<br />
|