In prior versions of the General Conditions, if a contractor defaulted and the Owner (after giving notice) opted to cure by carrying out the work itself, an appropriate Change Order would be issued. However, a Change Order is a contract that requires an agreement by both the Owner and Contractor, and, obviously, Contractors were reluctant to agree that they were in default and responsible for a deductive change order.
Contract Change #9: Owner’s Right to Carry Out the Work (law note)
March 28, 2018
Melissa Dewey Brumback - Construction Law in North Carolina