Common use of Acceptance of Defective Work Clause in Contracts

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 ArchitectEngineer’s recommendation of final payment, Engineer) prefers to accept such defective Workit, Owner may do so. Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's ’s evaluation of and determination to accept such defective Work (such costs to be approved by Architect Engineer as to reasonableness) and for 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 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. A. 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 Workit, Owner may do so. Contractor Construction Manager shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's ’s evaluation of and determination to accept such defective Work (such costs to be approved by Architect as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor Construction Manager pursuant to this sentence. If any such acceptance occurs prior to Architect's ’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 Construction Manager to Owner.

Acceptance of Defective Work. A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to ArchitectProject Administrator’s recommendation of final payment) prefers to accept such defective Workit, Owner may do so. Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's ’s evaluation of and determination to accept such defective Work (such costs to be approved by Architect Project Administrator 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 Project Administrator’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.