Kernersville B-40 & South - Town of Kernersville

The Contractor's obligation to perform the work and complete the project in accordance with the Contract
Documents shall be absolute. Neither approval of any progress or final payment by the Project Manager,
nor any payment by the Owner to the Contractor under the Contract Documents, nor any use of
occupancy of the project or any part thereof by the Owner, nor any act of acceptance by the Owner nor
any failure to do so, nor any correction of defective work by the Owner shall constitute an acceptance of
work not in accordance with the Contract Documents.
I. WAIVER OF CLAIMS:
The making and acceptance of final payment shall constitute:
1. A waiver of all claims by the Owner against the Contractor other than those arising from
unsettled liens, from defective work appearing after final payment or from failure to comply
with the requirements of the Contract Documents or the terms of any special guarantees
specified therein, and
2. A waiver of all claims by the Contractor against the Owner other than these previously made
in writing and still unsettled.
SUSPENSION OF WORK AND TERMINATION
A. OWNER MAY SUSPEND WORK:
The Owner may, at any time and without cause, suspend the work or any portion thereof for a period
of not more than (90) ninety days by notice in writing to the Contractor and the Project Manager
which shall fix the date on which work shall be resumed. The Contractor will resume the work on the
date so fixed. The Contractor will be allowed an extension of the Contract time, directly attributable
to any suspension if he makes a claim.
B. WORK DURING INCLEMENT WEATHER:
No work shall be done under these Specifications except by permission of the Owner and Project Manager
when the weather is unfit for good and careful work to be performed. Should the severity of the weather
continue, the Contractor, upon the direction of the Owner and/or Project Manager, shall suspend all work
until instructed to resume operations by the Owner and/or Project Manager and the Contract time shall
be extended to cover the duration of the order. Work damaged during periods of suspension due to
inclement weather shall be repaired and/or replaced by the Contractor at his own expense.
C. OWNER MAY TERMINATE:
If the Contractor is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit
of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he
files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar
laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if
he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if
he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he
disregards the authority of the Project Manager, or if the otherwise violates any provision of the Contract
Documents, then the Owner may, without prejudice to any other right or remedy and after giving the
Contractor and his surety seven (7) days written notice, terminate the services of the Contractor and take
possession of the project and of all materials, 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
11509; WBS #: 3709.3.23 B40 Interchange Landscape 54