Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 80

Per Section 16.04.A of the EJCDC C-700, the contractor can terminate the agreement, upon issuance of a seven-day notice to the owner and the engineer and provided the owner or the engineer do not remedy the issue within such time, if one of the following scenarios exists through no fault of the contractor:

 if work is suspended for more than 90 consecutive days by the owner, court order, or order from other public authority;

 if the engineer fails to act on a contractor payment application within 30 days from submission; or

 if the owner fails to fund the contractor's payment application within 30 days from when it is due.

In the event of a proper termination by the contractor, the contractor is entitled to recover from the owner costs for completed and uncompleted work plus fair and reasonable sums for overhead and profit, as well as expenses directly attributable to termination.