Construction Manager Default Clause Samples

The 'Construction Manager Default' clause defines the circumstances under which the construction manager is considered to be in default of their contractual obligations. Typically, this clause outlines specific events such as failure to perform work, insolvency, or violation of key contract terms that would trigger a default. For example, if the construction manager repeatedly misses deadlines or abandons the project, these actions may constitute a default. The core function of this clause is to provide a clear framework for identifying and addressing serious breaches by the construction manager, thereby protecting the owner's interests and enabling appropriate remedies such as termination or replacement.
Construction Manager Default. If the Construction Manager refuses or fails, except in cases for which extension of time is provided, to supply sufficient properly skilled staff or proper materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Agreement, and such nonperformance or violation continues without cure for 15 Days after the Construction Manager receives written notice of such nonperformance or violation from the City, then the City may, without prejudice to any right or remedy otherwise available to the City, terminate this Agreement.
Construction Manager Default. Failure of the Construction Manager, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Management Contract.
Construction Manager Default. The Construction Manager shall have defaulted under the Construction Contract, which default the Lender, in its sole discretion, shall deem substantial, and the Borrower, after fifteen (15) days Notice from the Lender, shall fail to exercise any resulting right or remedy to which it may be entitled thereunder or hire a replacement construction manager acceptable to the Corporate Guarantor and the Lender.
Construction Manager Default. If the Construction Manager refuses or fails to commence correction, except in cases for which extension of time is provided, to supply sufficient properly skilled staff or proper materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Agreement, and such nonperformance or violation continues without commencement to cure for 15 Days after the Construction Manager receives written notice of such nonperformance or violation from the District, then the District may, without prejudice to any right or remedy otherwise available to the District, terminate this Agreement.
Construction Manager Default. If the Construction Manager refuses or fails, except in cases for which extension of time is provided, to perform proper work, supply sufficient properly skilled staff or proper materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without cure for 15 Days after the Construction Manager receives written notice of such nonperformance or violation from AWC, then AWC may, without prejudice to any right or remedy otherwise available to AWC, terminate this Contract.
Construction Manager Default. The occurrence of one or more of the following events shall constitute an “Construction Manager Default” under this Agreement:
Construction Manager Default. If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days 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, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued, deducting the costs of correcting such deficiencies from payments then or thereafter due the Construction Manager. If the payments then or thereafter due the Construction Manager are not sufficient to cover the amount of the deduction, the Construction Manager shall promptly pay the difference to the Owner.

Related to Construction Manager Default

  • Construction Manager The individual, partnership, corporation, joint venture, or any combination thereof, or its authorized representative, named as such by the District. If no Construction Manager is used on the Project that is the subject of this Contract, then all references to Construction Manager herein shall be read to refer to District.

  • Construction Management Landlord or its Affiliate or agent shall supervise the Work, make disbursements required to be made to the contractor, and act as a liaison between the contractor and Tenant and coordinate the relationship between the Work, the Building and the Building’s Systems. In consideration for Landlord’s construction supervision services, Tenant shall pay to Landlord a construction supervision fee equal to three percent (3%) of Tenant’s Costs specified in Section 7.

  • Construction Management Fee The Construction Management Fee for the Project shall be either a ☒Lump Sum or ☐Not-To-Exceed Fee of Thirty-Six Thousand, Four Hundred Seventy-Seven Dollars and Sixty-Five Cents ($36,477.65). NOTE: Allowances will be on a Not-To-Exceed basis. All unused funds will be returned to the School District at the time of construction closeout. Fee will be paid only on cost of work for these items. Exhibit C- Project Assignment Page 2 of 4

  • Construction Contingency The proposed GMP Change Order shall include, as a separately identified item, a Construction Contingency sum in an initial amount (subject to increase or decrease) against which Design-Builder can draw at its election for the purposes set forth in Section 4 Part 4. The initial Construction Contingency sum shall include the contingency amounts stated in all accepted Component Change Orders.

  • Construction Representatives Landlord hereby appoints the following person(s) as Landlord’s representative (“Landlord’s Representative”) to act for Landlord in all matters covered by this Work Letter Agreement: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇. Tenant hereby appoints the following person(s) as Tenant’s representative (“Tenant’s Representative”) to act for Tenant in all matters covered by this Work Letter Agreement: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇. All communications with respect to the matters covered by this Work Letter Agreement are to be made to Landlord’s Representative or Tenant’s Representative, as the case may be, in writing in compliance with the notice provisions of the Lease. Either party may change its representative under this Work Letter Agreement at any time by written notice to the other party in compliance with the notice provisions of the Lease.