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 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 it shall appear to the Engineer-in-Charge that any work has been executed with unsound, imperfect or unskilled workmanship, workmanship or with materials of any inferior description, or that any materials or articles provided by the Contractor 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 Contractcontract, the Contractor contractor shall on demand in writing from the Engineer-in-Charge or his authorized authorised 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 charge 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 contractor shall be liable to pay compensation at the rate of one percent percentage of the estimated cost of the whole work, for every week limited to a maximum of 10 percent 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 notice period 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 expense expenses of the Contractor contractors in all respects. The decision of the Engineer-in-Charge as to any question raising arising under this clause shall be final, conclusive final and binding on the Contractorconclusive.

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 unsoundbad, imperfect or unskilled workmanship, or with materials of any inferior descriptionmaterials, or that any materials or articles provided by the Contractor for the execution of the work are unsound or not of a standards specified/inferior quality inferior 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 authorized representative, authorised 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 works work so specified and provide other proper and suitable materials or articles at his own expense charge and cost, cost and expenses and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaidof 15 days of such intimation/ Information / knowledge, the Contractor shall be liable to pay compensation at equivalent to the rate of one percent of the estimated cost of reconstruction by 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 Owner. On expiry of notice 15 days 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 expense expenses in all respects of the Contractor in all respectsContractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question raising arising under this clause shall be final, final and conclusive and binding on the Contractorshall 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 unsoundbad, imperfect or unskilled workmanship, or with materials of any inferior descriptionmaterials, or that any materials or articles provided by the Contractor for the execution of the work are unsound or not of a standards specified/inferior quality inferior 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 authorized representative, authorised 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 works work so specified and provide other proper and suitable materials or articles at his own expense charge and cost, cost and expenses and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaidof 15 days of such intimation/information/knowledge, the Contractor shall be liable to pay compensation at equivalent to the rate of one percent of the estimated cost of reconstruction by 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 Owner. On expiry of notice 15 days 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 expense expenses in all respects of the Contractor in all respectsContractor. The decision of the Engineer-–in-– Charge/Site–in–Charge as to any question raising arising under this clause shall be final, final and conclusive and binding on the Contractorshall 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 CONSULTANT that any work has been executed with unsoundbad, imperfect or unskilled workmanship, or with materials of any inferior descriptionmaterials, or that any materials or articles provided by the Contractor for the execution of the work are unsound or not of a standards specified/ inferior quality inferior 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 CONSULTANT or his authorized 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 works work so specified and provide other proper and suitable materials or articles at his own expense charge and cost, cost and expenses and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaidof 15 days of such intimation/ information/ knowledge, the Contractor shall be liable to pay compensation at equivalent to the rate of one percent of the estimated cost of reconstruction by 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 Employer. On expiry of notice 15 days period mentioned above, the Employer may be they or otherwise rectify or remove and re- re-execute the work or remove and replace with others, the materials or of articles complained of as the case may be, be at the risk and expense expenses in all respects of the Contractor in all respectsContractor. The decision of the Engineer-in-Charge CONSULTANT as to any question raising arising under this clause shall be final, final and conclusive and binding on the Contractorshall not be raised as a dispute or shall be arbitral.

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 unsoundbad, imperfect or unskilled workmanship, or with materials of any inferior descriptionmaterials, or that any materials or articles provided by the Contractor for the execution of the work are unsound or not of a standards specified/inferior quality inferior 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 authorized representative, authorised 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 works work so specified and provide other proper and suitable materials or articles at his own expense charge and cost, cost and expenses and in the event of failure to do so within a period to be specified by the Engineer-in-Charge in his demand aforesaidof 15 days of such intimation/ information/knowledge, the Contractor shall be liable to pay compensation at equivalent to the rate of one percent of the estimated cost of reconstruction by 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 Owner. On expiry of notice 15 days 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 expense expenses in all respects of the Contractor in all respectsContractor. The decision of the Engineer-in- Charge/ Site-in-Charge as to any question raising arising under this clause shall be final, final and conclusive and binding on the Contractorshall not be raised as a dispute or shall be arbitrable.