2026-0221 Revised Specials Sections

Description

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 27.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the TRIBE may without cause and without prejudice to any other right or 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. If this contract is terminated by the TRIBE without cause, the rights, duties, and obligations of the parties, including compensation to the CONTRACTOR, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract. 27.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the TRIBE or under an order of court or other public authority, or the TRIBAL CONTRACT REPRESENTATIVE fails to act on any request for payment within thirty (30) days after it is submitted, or the TRIBE fails to pay the CONTRACTOR substantially the sum approved by the TRIBAL CONTRACT REPRESENTATIVE 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 TRIBE and the ENGINEER, terminate the CONTRACT and recover from the TRIBE payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the TRIBE has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days WRITTEN NOTICE to the TRIBE and the ENGINEER stop the WORK until he has been 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 due to delays attributed to the stoppage of the WORK. 27.6 If all or any portion of the WORK is suspended or interrupted as a result of a failure by the TRIBE or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, resulting in a delay in the CONTRACTOR’s performance of the WORK, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for any costs due to the delay attributable to the failure of the TRIBE or ENGINEER.