OWNER'S RIGHT TO DO WORK Clause Samples

OWNER'S RIGHT TO DO WORK. Owner reserves the right to perform other or additional work at or near the project site with other forces than those of the Contractor. If such work takes place within or next to the project site, Contractor will coordinate work with the other contractors or forces, cooperate with all other contractors or forces, carry out the Work in a way that will minimize interference and delay for all forces involved, place and dispose of materials being used so as not to interfere with the operations of another, and join the Work with the work of the others in an acceptable manner and perform it in proper sequence to that of the others. The Owner’s Authorized Representative will resolve any disagreements that may arise between or among Contractor and the other contractors over the method or order of doing all work (including the Work). In case of unavoidable interference, the Owner’s Authorized Representative will establish work priority (including the Work) which generally will be in the sequence that the contracts were awarded.

OWNER'S RIGHT TO DO WORK. Owner reserves the right to perform other or additional work at or near the project site with other forces than those of the Contractor. If such work takes place within or next to the project site, Contractor shall coordinate work with the other contractors or forces, cooperate with all other contractors or forces, carry out the Work in a way that will minimize interference and delay for all forces involved, place and dispose of materials being used so as not to interfere with the operations of another, and join the Work with the work of the others in an acceptable manner and perform it in proper sequence to that of the others. The Owner will resolve any disagreements that may arise between or among Contractor and the other contractors over the method or order of doing all work (including the Work). In case of unavoidable interference, the Owner will establish work priority (including the Work) which generally will be in the sequence that the contracts were awarded.

OWNER'S RIGHT TO DO WORK. If Contractor refuses or fails to prosecute any part of the Work with such diligence as will ensure completion within the time specified in this Agreement, as the same may be modified in writing from time to time, or otherwise fails to perform any of its obligations under this Agreement, Owner may, at any time after three (3) days written notice to Contractor, or in an emergency endangering life or property, after such notice, if any, as may be reasonable under the circumstances, without prejudice to any other rights or remedies, make good such deficiencies by such means as Owner may deem expedient and charge the cost thereof to Contractor.

OWNER'S RIGHT TO DO WORK. The NCTPA as Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors on the job site reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for proper execution and results. His failure to so inspect and report shall constitute his acceptance of other Contractors' work as fit and proper for reception of his work, except as to defects which may develop in other Contractors' work after execution of his work. To insure proper execution of his subsequent work, the Contractor shall measure and inspect work already in place and shall at once report to the Engineer any discrepancy between executed work and contract documents. The Contractor shall ascertain to his own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by owner in prosecution of the project to the end that the Contractor may perform this contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to the Contractor exclusive occupancy at the site of project. The Contractor shall not cause any unnecessary hindrance or delay to any other Contractors working on project. If simultaneous execution of any contract for the project is likely to cause interference with performance of some other contract or contracts, the owner shall decide which Contractor shall cease work temporarily and which Contractor then shall continue or whether work can be coordinated so that the Contractors may proceed simultaneously.

OWNER'S RIGHT TO DO WORK. If, during the progress of the work or during the period of guarantee, the Contractor fails to prosecute the work properly or to perform any provision of the contract, the Owner, after seven (7) days' written notice sent by certified mail, return receipt requested, to the Contractor from the Designer, may perform or have performed that portion of the work. The cost of the work may be deducted from any amounts due or to become due to the Contractor, such action and cost of same having been first approved by the Designer. Should the cost of such action of the Owner exceed the amount due or to become due the contractor, then the Contractor or his surety, or both, shall be liable for and shall pay to the Owner the amount of said excess.

OWNER'S RIGHT TO DO WORK. If CONTRACTOR should neglect to prosecute any ------------------------- substantive portion of the Work properly, OWNER, after five business (5) days' written notice to CONTRACTOR and CONTRACTOR fails to promptly initiate corrective action, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payments then or thereafter due CONTRACTOR, and if such expenditures, together with said losses, damages and extra expenses, exceed the amount otherwise due to CONTRACTOR hereunder, CONTRACTOR agrees to pay to OWNER within thirty (30) Days the full amount of such excess, together with interest thereon at the prime rate of interest as published from time to time in the Wall Street Journal plus one percent (1%) until paid.

OWNER'S RIGHT TO DO WORK. B.13.1 Owner reserves the right to perform other or additional work at or near the project site with other forces than those of CM/GC. If such work takes place within or next to the project site, CM/GC and Owner will coordinate work with the other contractors or forces, cooperate with all other contractors or forces, carry out the Work in a way that will minimize interference and delay for all forces involved, place and dispose of materials being used so as not to interfere with the operations of another, and join the Work with the work of the others in an acceptable manner and perform it in proper sequence to that of the others. Owner’s Authorized Representative will resolve any disagreements that may arise between or among CM/GC and the other contractors over the method or order of doing all work (including the Work). The GMP or the Date of Substantial Completion or the Date of Final Completion shall be equitably adjusted, as mutually agreed by the Parties, for changes made necessary by the coordination of construction activities, and the Schedule of the Work shall be revised accordingly.

OWNER'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of the Contract, the Owner may notify the Contractor in writing that the Contractor is in default of their contractual obligations and instruct them to correct or rectify the default within five (5) working days of receiving the notice.

OWNER'S RIGHT TO DO WORK. STOP WORK If, in Owner's reasonable determination, Construction Manager shall neglect to prosecute the Work properly or fail to perform any material provision of the Contract (including, but not limited to, failure to comply with the Construction Progress Schedule or failure, refusal or neglect to supply a sufficient amount of labor, material or supervision in the prosecution of the Work), Owner shall have the right to: (i) order Construction Manager to stop the Work (or any portion thereof), without increase in the GMP or Separate GMP, until the cause for such order has been eliminated; (ii) direct the Construction Manager, without increase in the GMP or Separate GMP, as applicable, to furnish such additional labor and/or material as may, in Owner's reasonable determination, be required to comply with Construction Manager's obligations hereunder; or (iii) upon forty-eight (48) hours written notice to Construction Manager and without prejudice to any other remedy Owner may have, make good such deficiencies and deduct the cost thereof from any payment then or thereafter due the Construction Manager. If the payments then or thereafter due the Construction Manager are not sufficient to cover the amount incurred by Owner under subsection (iii) above, Construction Manager shall pay the difference to Owner. Any costs incurred by Owner pursuant to the exercise of the foregoing rights shall not increase the Contract Sum. Owner's exercise of any of the foregoing rights shall not give rise to any duty on the part of Owner to exercise its rights for the benefit of the Construction Manager or any other person or entity, nor shall it relieve the Construction Manager of its responsibility for providing for the safety of persons on the Site or void any warranty of the Construction Manager either express or implied.