Agency May Correct Defective Work Sample Clauses

Agency May Correct Defective Work. 1. If Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by the Agency, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the Agency may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the Agency has paid Contractor but which are stored elsewhere. Contractor shall allow the Agency, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the Agency to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the Agency correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Agency shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work. 4. If the Change Order is executed after all payments under the Contract have been paid by the Agency and the Project retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of retention to be paid to the Agency. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the Agency. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the Agency correcting Defective Work.