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

ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK. If at any time before the security deposit is refunded to the contractor, it shall appear to the Commissioner/CMO or his subordinate in charge of the work, that any work has been executed with unsound, imperfect or unskilful workmanship or with material of 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, it shall be lawful for the Commissioner/CMO to intimate this fact in writing to the contractor and then notwithstanding the fact that the work, materials or articles complained of may have been Inadvertently passed, certified and paid for 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 and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so with in a period to be specified by the Commissioner/CMO in the written intimation aforesaid ,the contractor shall be liable to pay compensation at the rate of one percent on the amount of contract put to tender every day not exceeding ten days, during which the failure so, continues and in the case of any such failure the Commissioner/CMO may rectify or remove and, re-execute the work or remove and replace the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor. Should the Commissioner/CMO consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his discretion to accept to the same at such reduced rates as he may fix therefore

Appears in 13 contracts

Samples: Item Rate Tender and Contract for Works, Item Rate Tender and Contract for Works, Item Rate Tender and Contract for Works

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ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK. If at any time before the security deposit is refunded to the contractor, it shall appear to the Commissioner/CMO Engineer-in-Charge, or his subordinate in in-charge of the work, work that any work has been executed with unsoundunsound imperfect, imperfect or unskilful unskillful workmanship or with material materials of inferior quality any interior description or that any articles or materials or articles provided by him the contractor for the execution of the work are unsound, unsound or of a quality inferior to that contracted for, for or are otherwise not in accordance with the contract, it the contractor shall be lawful for the Commissioner/CMO to intimate this fact on demand in writing to by the contractor and then notwithstanding the fact that Engineer-in-charge specifying the work, materials or articles complained of may of, notwithstanding that the same have been Inadvertently inadvertently passed, certified and paid for contractor shall be bound forthwith to rectify, rectify or remove and reconstruct the work so specified in whole or in part, as the case may require, require or if so required, shall as the case may be remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in . In the event of his failing to do so so, with in a period to be specified by the Commissioner/CMO Engineer-in-charge in the written intimation aforesaid ,his demand aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of contract put to tender every day not exceeding ten days, during which the failure so, continues do so shall continue and in the case of any such failure failure, the Commissioner/CMO Engineer-in-charge may rectify or remove and, the 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 in all respects of the contractor. Should the Commissioner/CMO consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his discretion to accept to the same at such reduced rates as he may fix therefore.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK. If at any time before the security deposit or any part thereof is refunded to the contractor, contractor it shall appear to the Commissioner/CMO engineer-in-charge or his subordinate in charge of the work, that any work has been executed with unsound, /imperfect or unskilful unskillful workmanship or with material materials of 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, it shall be lawful for the Commissioner/CMO engineer-in-charge to intimate this fact in writing to the contractor and then notwithstanding not withstanding the fact that the work, materials or articles complained of may have been Inadvertently inadvertently passed, certified and paid for for, 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, require or if so required, shall remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, cost and in the event of his failing to do so with in within a period to be specified by the Commissioner/CMO engineer-in-charge in the written intimation aforesaid ,aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of contract put to tender the estimate for every day not exceeding ten 10 days, during which the failure so, continues so continuous and in the case of any such failure the Commissioner/CMO engineer-in-charge may rectify or remove and, and re-execute the work or remove and replace the materials or articles complained of as the case may be at the risk and expense in all respects of the contractor. Should the Commissioner/CMO engineer-in-charge consider that any such inferior work or materials as described above may be accepted or made use of it shall be within his the discretion to accept to the same at such reduced rates as he may fix therefore.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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