• b. has without reasonable excuse has failed to commence the works, or has suspended the progress of the works for 14 days after receiving from the Engineer written notice to proceed, or

• c. has failed to proceed with due diligence, or

• d. has failed to remove materials from the site, or to pull down and replace work for 14 days after receiving from the Engineer written notice that the said materials or work have been condemned, and rejected by the Engineer under these conditions, or

• e. is not executing the works in accordance with the contract, or is persistently or flagrantly neglecting to carry out his obligations under the contract, or

• f. has to the detriment of good workmanship, or in defiance of the Engineer’s instructions to the contrary, sub-let any part of the contract.

then the Corporation may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the default within five (5) working days of receiving the notice.

iii.

1. The Contractor shall have the right within the given five (5) full working days following the receipt of a notice of default to correct the default and provide the owner with satisfactory proof that appropriate corrective measures have been taken.

2. If the correction of the default cannot be completed within the five (5) full working days following receipt of the notice, the Contractor shall not be in default if the Contractor:

   1. commences the correction of the default within the five (5) full working days following receipt of the notice;
   2.  provides the Corporation with an acceptable schedule for the progress of such correction; and
   3. completes the correction in accordance with such schedule.

• iv. If the Contractor is in default of the contract and the contractor has provided a Performance Bond, the provisions of this section shall be exercised in accordance with the conditions of the Performance Bond.

• v. If the contractor fails to comply with the provisions of 3(1) or 3(2) the Corporation may without prejudice to any other right or remedy it may have:

  1. correct such default and deduct the cost thereof from the payment then or thereafter due the contractor; or

  2. terminate the Contractor’s rights to continue with the work in whole or in part or terminate the contact.