Agenda - Council - 05/14/2024 - Laserfiche WebLink

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equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated into a Change Order. 41.2 Where the Contractor's services have been so terminated by the Owner, said termination shall not affect any rights of the Owner against the Contractor or his Surety then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor or his Surety from liability. 413 Upon seven (7) Calendar Days written notice to the Contractor and the Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the Contractor and Engineer shall be paid for all Work executed and any expense sustained plus a reasonable profit. ARTICLE 42. Contractor's Right to Terminate If, through no act or fault of the Contractor, the Work is suspended for a period of more than one hundred eighty (180) Calendar Days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any application for payment within thirty(30) Calendar Days after it is submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer within sixty (60) Calendar Days of its approval and presentation, then the Contractor may, upon seven (7) Calendar Days written notice to the Owner and the Engineer, terminate the Agreement and recover from the Owner payment for all Work executed. ARTICLE 43. Miscellaneous 43.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. 43.2 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and in particular but without limitation, the warranties, guarantees, and obligations imposed upon the Contractor and the rights and remedies available to the Owner and Engineer thereon, shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the Contract Documents. 433 The Contract Documents shall be governed by the law of the place where the Project is located. GC 26