ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than
90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will
be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an
adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such
suspension if CONTRACTOR makes a Claim therefore as provided in paragraph 10.05.
B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of
time by an act of the OWNER in administration of the Contract, or by the OWNER's failure to act within the time
specified in the Contract (or if no time is specified, within a reasonable time), the OWNER will make an adjustment for
any increase in the cost of performance of this Contract (excluding profit) necessarily caused by such unreasonable
suspension, delay or interruption and modify the Contract in writing. However, no adjustment shall be made under this
clause for any suspension, delay or interruption to the extent (1) that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR, or (2) for which an
equitable adjustment is provided for or excluded under any other provision of the Contract.
C. No claim under paragraphs 15.01.A or 15.01.B shall be allowed unless the amount claimed is asserted in writing as
soon as practicable after the termination of such suspension, delay or interruption, but no later than the date of
application for final payment under the contract.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including,
but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to
the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph
6.04);
2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of ENGINEER; or
4. CONTRACTOR's violation in any substantial way — of any provisions of the Contract Documents.
B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and
the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from
the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and
machinery at the Site, and use the same to the full extent that could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or
for which OWNER had paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may
deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or
other dispute resolution costs) sustained by OWNER arising out of or relating to completing the work, such excess will
be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by
ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER
shall not be required to obtain the lowest price for the Work performed.
GC - 49 of 53
