ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK Sample Clauses

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The Owner may accept any defective or non-conforming Work; provided, however, that in such event the Purchase Order Price shall be reduced by an appropriate and equitable amount to account for such defect or nonconformity. Such adjustment shall be effected whether or not final payment has been made. Any such acceptance shall not constitute a waiver of approval of the performance requirements of the Contract Documents.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. 12.3.1 If the City prefers to accept defective or non-conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum or, if the amount is determined after final payment, the Contractor shall pay it.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. ‌ If Owner prefers to accept defective or nonconforming Work, it may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Price, or, if the amount is determined after Final Payment, it shall be paid by Contractor.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The Owner reserves the right to accept any defective or non-conforming Work; provided, however, that in such event the Contract Sum shall be reduced by an appropriate and equitable amount to account for such defect or nonconformity. Such adjustment shall be effected whether or not final payment has been made. Any such acceptance shall not constitute a waiver of approval of the performance requirements of the Contract Documents.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The State may accept defective or nonconforming Work pursuant to Subparagraph 13.2.1 of this agreement. If the State elects to accept the defective or nonconforming Work, a Change Order will be issued to reflect a reduction in the Contract Sum. The Design Professional will recommend to the State the value of diminishment of the defective or nonconforming Work, however the State reserves the right to obtain a third party estimate of the value of the diminishment. If the State and Contractor cannot agree, then the issue will be resolved pursuant to the dispute resolution provisions of these General Conditions. Such adjustment shall be effected whether or not Payment for Final Completion has been made.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The State may accept defective or nonconforming work performed under this agreement. If the State elects to accept the defective or nonconforming work, a Change Order will be issued to reflect a reduction in the Contract Sum. The State will recommend the value of diminishment of the defective or nonconforming work. Such adjustment shall be affected whether or not final payment has been made. (Revision date: July 19, 2023) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated Items unless the products cannot be acquired- 1. Competitively within a time frame providing for compliance with the contract performance schedule. 2. Meeting contract performance requirements; or

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non-conforming Work, it may do so instead of requiring its removal and correction, in which case an appropriate amount shall be deducted or offset against any amounts then or thereafter due to the Contractor; or, if the said appropriate amount of offset is determined after final payment (or if there is not then or thereafter due to the Contractor an amount sufficient to cover the deduction or offset available to the Owner), the Contractor shall, upon demand, pay the appropriate amount (or the difference after offset, as applicable) to the Owner.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The District may, in its sole and exclusive discretion, elect to accept Work which is defective or which is not in accordance with the requirements of the Contract Documents, instead of requiring its removal and correction, in which case the Contract Price shall be reduced as appropriate and equitable.

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The State may accept defective or nonconforming work performed under this agreement. If the State elects to accept the defective or nonconforming work, a Change Order will be issued to reflect a reduction in the Contract Sum. The State will recommend the value of diminishment of the defective or nonconforming work. Such adjustment shall be affected whether or not final payment has been made.