Common use of ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK Clause in Contracts

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.

Appears in 4 contracts

Samples: Vermont Contract, Services and Subscription Agreement, Vermont Contract

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