Common use of ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY THE COUNTY Clause in Contracts

ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY THE COUNTY. 1. If after giving Contractor the opportunity to repair, should it not do so, the County may accept defective Work: If, instead of requiring correction or removal and replacement of defective Work, the County prefers to accept it, the County may do so. Contractor shall pay all claims, costs, losses and damages attributable to the County's evaluation of and determination to accept such defective Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract with respect to Work, unless the parties are unable to agree upon an appropriate decrease in the Contract Sum, in which case the County may deduct from monies due Contractor the amount of any and all claims, costs, losses (including diminution in value), damages, expenses and liabilities attributable to the defective work. If Contractor disagrees with the deduction, the Contractor may make a claim as provided in Section 1.12. If the acceptance occurs after Final Payment, an appropriate amount shall be paid by Contractor as determined by the County.