Common use of ACTION AND COMPENSATION IN CASE OF BAD WORK Clause in Contracts

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ Information / knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise 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 expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-–in-–Charge/Site-–in-–Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-–in-–Charge/Site-Site – in-–Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ Information / intimation/information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise 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 expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ –in– Charge/Site-–in-–Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with badunsound, imperfect or unskilled workmanship, workmanship or with materialsmaterials of any inferior description, or that any materials or articles provided by the Contractor contractor for the execution of the work are not unsound or of standards specified/a quality inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR contractor shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative representative, specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, for forthwith shall rectify or remove and reconstruct the work so works specified and provide other proper and suitable materials or articles at his own charge and cost and expenses cost, and in the event of failure to do so within a period of 15 days of such intimation/ Information / knowledgeto be specified by the Engineer-in-Charge in his demand aforesaid, the Contractor contractor shall be liable to pay compensation equivalent to at the rate of one percentage of the estimated cost of reconstruction by the Owner. On whole work, for every week limited to a maximum of 10 per cent of the estimated cost of 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 15 days notice period mentioned above, the Owner may by themselves or otherwise 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 expenses of the contractors in all respects of the Contractorrespects. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrableconclusive.

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ Information / information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise 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 expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge/Site-in-Charge that any work has been executed with badunsound, imperfect or unskilled workmanship, or with materialsmaterials of any inferior description, or that any materials or articles provided by the Contractor for the execution of the work are not unsound or of standards specified/a quality inferior quality to that contracted for, or otherwise not in accordance with the contractContract, the CONTRACTOR Contractor shall on demand in writing from the Engineer-in-Charge/Site-in-Charge or his authorised representative authorized representative, specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, for forthwith shall rectify or remove and reconstruct the work so works specified and provide other proper and suitable materials or articles at his own charge expense and cost and expenses cost, and in the event of failure to do so within a period of 15 days of such intimation/ Information / knowledgeto be specified by the Engineer-in-Charge in his demand aforesaid, the Contractor shall be liable to pay compensation equivalent to at the rate of one percent of the estimated cost of reconstruction by the Owner. On 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 15 days notice period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-re- execute the work or remove and replace with others, the materials or articles complained of as the case may be be, at the risk and expenses expense of the Contractor in all respects of the Contractorrespects. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question arising raising under this clause shall be final and final, conclusive and shall not be raised as a dispute or shall be arbitrablebinding on the Contractor.

ACTION AND COMPENSATION IN CASE OF BAD WORK. If it shall appear to the Engineer-in-Charge/Site-in-Charge CONSULTANT that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/specified/ inferior quality to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on demand in writing from the Engineer-in-Charge/Site-in-Charge CONSULTANT or his authorised authorized representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ Information / information/ knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the OwnerEmployer. On expiry of 15 days period mentioned above, the Owner Employer may by themselves be they or otherwise rectify or remove and re-execute the work or remove and replace with others, the materials or of articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Engineer-in- Charge/ Site-in-Charge CONSULTANT as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrablearbitral.