Contractor’s Failure to Perform Clause Samples
The "Contractor’s Failure to Perform" clause defines the consequences and procedures that apply if the contractor does not fulfill their contractual obligations. Typically, this clause outlines what constitutes a failure to perform, such as missed deadlines, substandard work, or incomplete deliverables, and may specify remedies like requiring corrective action, withholding payment, or even terminating the contract. Its core function is to protect the client by providing clear recourse and remedies in the event the contractor does not meet agreed-upon standards or timelines, thereby ensuring accountability and minimizing disruption to the project.
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Contractor’s Failure to Perform. 7.1 If the Contractor goes into liquidation, administration, examinership or receivership or becomes subject to any other form of insolvency proceedings, or if the Contractor’s obligation to complete the Works is lawfully terminated under sub-clause 12.1 of the Conditions of the Contract, any such event will be conclusive evidence, for the purposes of this Agreement, that the Contractor has failed to perform the Contract.
7.2 The decision of a court or arbitrator or an agreement between the Contractor and the Employer will be binding on the Guarantors in relation to any failure by the Contractor to perform the Contract.
Contractor’s Failure to Perform. In the event that Contractor performs services that do not comply with the requirements of this Agreement, Contractor shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Contractor). If Contractor’s failure to perform in accordance with this Agreement causes damages to the City, Contractor shall reimburse the City for the damages incurred (which may be charged as an offset to Contractor’s payment).
Contractor’s Failure to Perform. Contractor’s failure to perform the statement of work specified in this Contract, or to meet the performance standards established in this Contract, may result in consequences that include, but are not limited to:
a. Reducing or withholding payment under this Contract;
b. Requiring Contractor to perform at Contractor’s expense additional work necessary to perform the statement of work or meet performance standards; or
Contractor’s Failure to Perform. If Contractor fails to perform any of its obligations under this Agreement, Owner may, after seven days’ written notice during which period Contractor fails to initiate the performance of such obligation, make good such deficiencies. The TIC shall not be increased as a result of Owner making good such deficiencies. CONTRACTOR INITIALS & DATE: /S/ SNR 8/7/07 OWNER INITIALS & DATE: /s/ DS 8/7/07
Contractor’s Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor.
Contractor’s Failure to Perform. In case of failure by the Contractor to fulfil its obligations under the Contract, including but not limited to failure to make delivery of all or parts of the goods by the delivery date(s) stipulated in the Contract, the Agency may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following:
(a) Procure all or part of the goods from other sources, in which event the Agency may hold the Contractor responsible for any excess cost occasioned thereby.
(b) Refuse to accept delivery of all or part of the goods.
(c) Terminate the Contract without any liability for termination charges or any liability of any kind of the Agency.
Contractor’s Failure to Perform. Contractor’s failure to perform in accordance with the Contract Documents; or
Contractor’s Failure to Perform. In the event Contractor fails to commence the Work within the time specified, or having begun the Work, abandons it for any reason, suspends or refuses to continue it, or defaults in any manner in the performance under the terms of the Agreement (unless Contractor is prevented from continuing for reasons beyond its control and without its fault or negligence), the Buyer shall have the right to take over said work and complete it or have said work completed by another person in any reasonable manner at Contractor's expense, and terminate this Agreement for cause as provided in Section 20 below.
Contractor’s Failure to Perform. Contractor shall, on each occasion on which it fails to meet any Service Standard:
(i) Promptly investigate and report on the root causes of the problem;
(ii) Correct the problem and begin meeting the Service Standard as soon as possible;
(iii) and
(iv) Advise AIL of the status of remedial efforts being undertaken with respect to such failure.
Contractor’s Failure to Perform. If, at any time during the performance of the Contract it is determined that Contractor has failed to materially perform an obligation specified in this Agreement, the District shall provide written notice to Contractor describing the specification that Contractor has failed to materially perform and a reasonable cure period of at least sixty (60) days. If the performance is not corrected to meet the applicable specification in all material respects at the end of the cure period, the District shall provide notice to Contractor and the District shall have the right to terminate the Contract as may be stated in the notice. In the event of a termination, the District is obligated to make payments only for Services rendered up to the notice of termination.