Common use of ACCEPTANCE OF NONCONFORMING WORK Clause in Contracts

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 46 contracts

Samples: Contract for Construction, Contract for Construction, Construction Contract

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ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 23 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum contract sum will be reduced as appropriate and equitable, or prompt payment of damages remitted to the Owner. Such adjustment shall be effected whether or not final payment has been made.

Appears in 16 contracts

Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 11 contracts

Samples: Construction Manager at Risk Agreement, Construction Contract, Contract for Construction

ACCEPTANCE OF NONCONFORMING WORK. If The Owner may, in the Owner prefers to Owner’s sole discretion, accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such The adjustment shall will be effected accomplished whether or not final payment has been made.

Appears in 10 contracts

Samples: Contract 6582 Overhead Electric Distribution Work, Construction Contract, Construction Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment has been made.

Appears in 6 contracts

Samples: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Standard Form of Agreement Between Owner and Contractor

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. The Owner shall never be obligated to accept defective or non-conforming Work, or damages for the difference in value between conforming and defective or nonconforming Work, and in all cases the Owner shall be entitled to full removal and correction of defective or non-conforming Work.

Appears in 5 contracts

Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Contractor

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept any or all of the Work that is not in accordance with the requirements of the Contract Documentsauthorized Service Work Order, the Owner may do so instead of requiring its removal and correctioncorrection and/or removal, in which case the Contract SWO Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment to Contractor has been made.

Appears in 5 contracts

Samples: Contract Agreement, Contract Agreement, Construction Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been mademade for such Work.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner Manager prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner Manager may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that is defective or otherwise not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 2 contracts

Samples: General Conditions of the Contract for Construction, General Conditions of the Contract for Construction

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. Owner shall never be obligated to accept defective or non-conforming Work, or damages for the difference in value between conforming and defective or nonconforming Work, and in all cases Owner shall be entitled to full removal and correction of defective or non-conforming Work.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment has been made.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 2 contracts

Samples: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept the Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correctionthat the Work be corrected. In this instance, in which case the Contract Sum Price will be equitably reduced by the value of the nonconforming Work as appropriate and equitablecompared to the value of the Work had it been performed in accordance with the Contract Documents. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Subcontract Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. If payments due to the Design-Builder are insufficient to cover the adjustment, the Design-Builder shall pay the difference to the Owner.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. Language indicated as being shown by strike out in the typeset document is enclosed in brackets "[" and "]" in the electronic format.

Appears in 1 contract

Samples: Construction Contract (Symantec Corp)

ACCEPTANCE OF NONCONFORMING WORK. If the 12.3.1 The Owner prefers to may accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which its sole discretion. In such case the Contract Sum will be reduced adjusted as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.Such

Appears in 1 contract

Samples: Spine Road Construction Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner Manager prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner Manager may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction. In such case, in which case the Contract Sum will be reduced by an amount equal to the cost of replacing the Work to make it as appropriate and equitableoriginally specified or intended. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Design Build Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Agreement Between Owner and Contractor for Furniture, Furnishings and Equipment

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers Owner, in its sole discretion, elects to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Owner/Contractor Agreement (Altera Corp)

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Lump Sum Construction Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Design Build Contract

ACCEPTANCE OF NONCONFORMING WORK. 3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Construction Contract (Sierra Pacific Resources /Nv/)

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ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. 45 12.3.1 If the Owner prefers to accept Work that is defective or otherwise not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: General Conditions of the Contract for Construction

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will Price shall be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Design Build Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced adjusted as appropriate and equitable. Such adjustment shall will be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Contract for Construction Manager at Risk

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Design Build Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Construction Contract (National Instruments Corp /De/)

ACCEPTANCE OF NONCONFORMING WORK. §12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment Final Payment has been made. Contractor may not rely on any non-written statements that purport to accept nonconforming Work.

Appears in 1 contract

Samples: Services Agreement

ACCEPTANCE OF NONCONFORMING WORK. §12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made. Contractor may not rely on any non-written statements that purport to accept nonconforming Work.

Appears in 1 contract

Samples: Services Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment Contractor shall be effected whether bear all direct, indirect and consequential costs attributable to Owner’s evaluation of and determination to accept such defective or nonconforming Work (such costs to include but not final payment has been made.limited to fees and

Appears in 1 contract

Samples: Architectural Services Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will shall be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Contractor's Agreement

ACCEPTANCE OF NONCONFORMING WORK. DRAFT If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance accord with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Price will be reduced adjusted as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Engineering, Procurement, and Construction Agreement (Embrex Inc/Nc/)

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work work that is not in accordance with the requirements of the Contract DocumentsContract, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitableequitable for the difference in value together with an allowance for damage or loss of quality. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Construction Services Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work Construction Services that is are not in accordance with the requirements of the Contract Design- Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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