Common use of TERMINATION BY THE CONTRACTOR Clause in Contracts

TERMINATION BY THE CONTRACTOR. 14.1.1 The Contractor may terminate the contract if the work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the work under contract with the Contractor, for any of the following reasons: 14.1.1.1 issuance of an order of a court or other public authority having jurisdiction; 14.1.1.2 an act of government, such as a declaration of national emergency, making material unavailable; 14.1.2 If one of the above reasons exists, the Contractor may, upon seven (7) additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages only for such executed work. 14.1.3 If the Work is stopped for a period of sixty (60) days or if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate the lesser of an amount to the Contract Time or one hundred twenty (120) days in any one (1) year period through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2.

Appears in 16 contracts

Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement

TERMINATION BY THE CONTRACTOR. 14.1.1 The Contractor may terminate the contract Contract if the work Work is stopped for a period of sixty forty-five (6045) consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the work Work under contract with the Contractor, for any of the following reasons: 14.1.1.1 .1 issuance of an order of a court or other public authority having jurisdiction; 14.1.1.2 ; or .2 an act of government, such as a declaration of national emergency, making material unavailable;. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven fourteen (714) additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages only for such executed work. 14.1.3 If the Work is stopped for a period of sixty (60) 60 days or if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate the lesser of an amount equal to the Contract Time time or one hundred twenty (120) 120 days in any one (1) year period through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven fourteen (714) additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2.

Appears in 1 contract

Sources: Contract for Construction