Acceptance of Defective Work. Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency.
Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Architect’s recommendation of final payment) prefers to accept such defective Work, Owner may do so. Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Architect as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Architect's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner.
Acceptance of Defective Work. A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER’s recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER’s evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of failed or defective Work, County prefers to accept it, it may do so. In such case, if acceptance occurs prior to approval of Final Payment, a Modification shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Sum; or, if the acceptance occurs after approval of Final Payment, an appropriate amount, acceptable to County, shall be paid by Contractor to County.
Acceptance of Defective Work. 6.24.1 The Owner may accept any Defective Work instead of requiring its removal or correction, in which case the Contract Sum must be equitably reduced as described under 6.29.
Acceptance of Defective Work. 14.7.1 If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, shall be issued. If the acceptance occurs after approval of final payment, the Contractor shall pay to the City an appropriate sum to compensate for the defect in the Work.
Acceptance of Defective Work. If, instead of requiring correction or removal and re-execution of defective Work, Owner (and, prior to Architect’s recommendation of final payment) prefers to accept such defective Work, Owner may do so. Demolition Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Architect as to reasonableness) and the diminished value of the Demolition Work and/or the Site to the extent not otherwise paid by Demolition Contractor pursuant to this sentence. If any such acceptance occurs prior to Architect's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Demolition Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Demolition Contractor to Owner.
Acceptance of Defective Work. Should Owner determine, at its sole opinion, it is in Owner’s best interest to accept defective Work, Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to Owner’s evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Price. If Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount determined by Owner to adequately compensate Owner for its acceptance of the defective Work.
Acceptance of Defective Work. 6.23.1 The Owner may accept any Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be equitably reduced as described under Article 7.
6.23.1.1 The Owner may only accept Defective Work though a deduct Change Order that makes explicit reference to this Section 6.23.
6.23.2 None of the following will constitute (1) acceptance of Defective Work, (2) a release of the DB’s obligation to perform the Work in accordance with the Contract, or (3) a waiver of any rights set forth in the Contract or otherwise provided by Applicable Law:
6.23.2.1 observations or inspections by the Owner or Contracting Authority;
6.23.2.2 the making of any payment;
6.23.2.3 Substantial Completion or the issuance of a Certificate of Substantial Completion;
6.23.2.4 Partial Occupancy and the Owner’s use or occupancy of the Work or any part of it;
6.23.2.5 Contract Completion or the issuance of a partial or final Certificate of Contract Completion;
6.23.2.6 any review or approval of a submittal;
6.23.2.7 any inspection, test, or approval by other Persons; or
6.23.2.8 any correction of Defective Work by the Owner.
