An Administrator's Guide to California Private School Law Compendium

j. Consider whether there are any issues related to other potential parties, i.e. architect and project construction management, and understand the terms of the school’s contracts with those parties. 2. Review Contract Documents. a. Are there provisions allowing the school to stop work and carry out the project itself? b. Are there termination and tender-to-surety provisions? c. What are the dispute resolution provisions that might be applicable? d. What are the significant deficiencies, if any, in the work based on the contract requirements? e. Does the school have the right to remove contractor personnel? f. Must the contractor continue work during disruption to the project? g. Are there any grounds to withhold payments to the contractor? h. Is there an attorneys’ fees provision? 3. Review Performance Bond. a. Who is the surety that issued the performance bond? b. What is the surety’s general practice in handling contractor default and tender of performance under a construction contract? c. What are the rights of the school under the performance bond? d. What are the obligations of the surety under the performance bond?

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