SECTIONS 4410-4412 - California Statutes

GOVERNMENT CODE

SECTION 4410-4412

4410. In the event a national emergency occurs, and public work,
being performed by contract, is stopped, directly or indirectly,
because of the freezing or diversion of materials, equipment or
labor, as the result of an order or a proclamation of the President
of the United States, or of an order of any federal authority, and
the circumstances or conditions are such that it is impracticable
within a reasonable time to proceed with a substantial portion of the
work, then the public agency and the contractor may, by written
agreement, terminate said contract.

4411. Such an agreement shall include the terms and conditions of
the termination of the contract and provision for the payment of
compensation or money, if any, which either party shall pay to the
other or any other person, under the facts and circumstances in the
case.
Compensation to the contractor shall be determined on the basis of
the reasonable value of the work done, including preparatory work.
As an exception to the foregoing, in the case of any fully completed
separate item or portion of the work for which there is a separate
contract price, the contract price shall control. The parties may in
any other case adopt the contract price as the reasonable value of
the work done or any portion thereof.

4412. It shall be competent for any public agency to provide in the
specifications for any public works contract detailed provisions as
to the conditions under which the contractor shall be entitled, as a
matter of right, to termination of the contract on account of
conditions such as are described in Section 4410 and as to the terms
of such termination.