C-1.17
may take possession of and utilize in completing the work, such materials, appliances,
and plant as may be on the site of the work and necessary therefore.
22.2 If the Contractor should be adjudged bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account
of his insolvency, or if he should refuse or should fail, except in cases for which
extensions of time are provided, to supply enough skilled workmen or materials, or if he
should fail to make payments to Subcontractors or for material or labor, so as to affect the
progress of the work, or be guilty of a violation of the contract, then the Owner, upon the
written notice of the Engineer that sufficient cause exists to justify such action may,
without prejudice to any other right or remedy and after giving the Contractor and his
surety 7 days’ written notice, terminate the employment of the Contractor and take
possession of the premises and of all materials, tools, equipment and other facilities
installed on the work and paid for by the Owner, and finish the work by whatever method
he may deem expedient. In the case of termination of this contract before completion
from any cause whatever, the Contractor, if notified to do so by the Owner, shall
promptly remove any part or all of his equipment and supplies at the expense of the
Contractor. If such expense exceeds such unpaid balance, the Contractor shall pay the
difference to the Owner. The expense incurred by the Owner as herein provided, and the
damage incurred through the Contractor's default, shall be approved by the Engineer.
22.3. Where the contract has been terminated by the Owner, said termination shall not
affect or terminate any of the rights of the Owner as against the Contractor or his surety
then existing or which may thereafter accrue because of such default. Any retention or
payment of monies by the Owner due the Contractor under the terms of the contract, shall
not release the Contractor or his surety from liability for his default.
22.4 After ten (10) days from delivery of a Written Notice to the Contractor and the
Engineer, the Owner may, without cause and without prejudice to any other remedy, elect
to abandon the Project and terminate the Contract. In such case the Contractor shall be
paid for all Work executed and any expense sustained plus reasonable profit.
22.5 If through no act or fault of the Contractor, the Work is suspended for a period of
more than ninety (90) days by the Owner or under an order of court or other public
authority, or the Engineer fails to act on any request for payment within thirty (30) days
after it is submitted, or the Owner fails to pay the Contractor substantially the sum
approved by the Engineer or awarded by arbitrators within thirty (30) days of its approval
and presentation, then the Contractor may, after ten (10) days from delivery of a Written
Notice to the Owner and the Engineer terminate the Contract and recover from the Owner
payment for all Work executed and all expenses sustained. In addition and in lieu of
terminating the Contract, if the Engineer has failed to act on a request for payment or if
the Owner has failed to make any payment as aforesaid, the Contractor may upon ten (10)
days written notice to the Owner and the Engineer stop the Work until paid all amounts
then due, in which event and upon resumption of the Work Change Orders shall be issued
for adjusting the Contract Price or Extending the Contract Time or both to compensate
for the costs and delays attributable to the stoppage of the Work.
22.6 If the performance of all or any portion of the Work is suspended, delayed, or
interrupted as a result of failure of the Owner or Engineer to act within the time specified
in the Contract Documents, or if no time is specified, within a reasonable time, an
adjustment in the Contract Price or an extension of the Contract Time, or both, shall be
