What is meant by Completion Of Work By Owner In Case Of Contractor’s Default
If the contractor should refuse or neglect to supply properly skilled workers or any materials of good quality or if the work is not conducted promptly or with diligence or if they fail to perform any of the clauses mentioned in the agreements, the owner has the right of Completion Of Work By Owner In Case Of Contractor’s Default.
This is done post giving written notice to the contractor that he needs to make good the labor or materials. If the contractor does not comply, then the owner can not only provide Completion Of Work By Owner In Case Of Contractor’s Default but also deduct the cost from the dues of the contractor. If the architect certifies the refusal, neglect or even failure on the part of the contractor will negatively affect the work then the owner has the liberty to terminate the contractor’s employment and take possession of the premises and complete the work.
The contractor in this case will not receive any further payment till the work is completed in full. If there is an unpaid balance which is more than what the owner has spent to complete the task, the contractor will be paid the balance amount but if the expenses are more than the balance, the contractor will pay the owner the difference amount. The difference amount will also take into consideration the cost and expense incurred by the owner and it would need to be certified by the architect and their certificate would be conclusive to both parties.
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