ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge that any work has been executed with unsound, imperfect or unskilled workmanship, or with materials of any inferior description, or that any materials or articles provided by the Contractor for the execution of the work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance with the Contract, the Contractor shall on demand in writing from the Engineer-in-Charge or his authorized representative, specifying the work, materials or articles complained of, notwithstanding that the same have been inadvertently passed, certified and paid for forthwith shall rectify or remove and reconstruct the works specified and provide other proper and suitable materials or articles at his own expense and cost, and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaid, the Contractor shall be liable to pay compensation at the rate of one percent of the estimated cost of the whole work, for every week limited to a maximum of 10 percent of the estimated cost the whole work, while his failure to do so shall continue and in the case of any such failure the Engineer-in-Charge may on expiry of notice period rectify or remove and re- execute the work or remove and replace with others, the materials or articles complained of as the case may be, at the risk and expense of the Contractor in all respects. The decision of the Engineer-in-Charge as to any question raising under this clause shall be final, conclusive and binding on the Contractor.
ACTION AND COMPENSATION IN CASE OF BAD WORK. If, at any time before the expiry of defects Liability period, it shall appear to officials of the OWNER, that any work has been executed with unsound, imperfect or unskilled workmanship or with materials or inferior quality or that any materials or articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for or are otherwise not in accordance with the contract, the Contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part as the case may require, or if so required shall remove the materials or articles so specified in whole or in part and provide other proper and suitable materials or articles at his own charge and cost, and in the event of his failing to do so within a period to be specified by the OWNER in the written intimation aforesaid, the Contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate of the rectification for every day not exceeding ten days during which the failure so continues, and in the event of any such failure as aforesaid continuing beyond ten days, the OWNER may rectify or remove, and re-execute the work or remove and replace the materials complained of, as the case may be at the risk and expense in all respects of the Contractor.
