Common use of City May Correct Defective Work Clause in Contracts

City May Correct Defective Work. If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor’s services related thereto and take possession of the Contractor’s tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall allow the City’s representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor’s defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City’s right hereunder.

City May Correct Defective Work. If the Contractor fails within a reasonable time after written notice of the Project Manager City to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, City or if the Contractor fails to perform the Work in accordance with the Contract DocumentsAgreement Documents (including any requirements of the progress schedule), the City may, after seven (7) days 7 Days' written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the siteWork, and suspend Contractor's services related thereto, take possession of all or part of the WorkContractor's tools, suspend the Contractor’s services related thereto and take possession of the Contractor’s toolsappliances, construction equipment and machinery at the Site and incorporate in the Work all materials and equipment stored at the site Site or for which City has paid Contractor, but which are stored elsewhere. The Contractor shall must allow the City’s representative , city representatives, agents and employees such access to the site Site as may be necessary to enable the City to exercise its City’s rights under this paragraphSection. All direct and indirect costs of the City in exercising such rights shall will be charged against the Contractor in an amount verified by the Project ManagerCity representative, and a Change Order shall will be issued incorporating the necessary revisions in the Contract Agreement Documents and a reduction in the Contract Agreement Price. Such direct and indirect costs shall will include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of Work or others destroyed or damaged by correction, removal or replacement of the Contractor’s 's defective Work. The Contractor shall will not be allowed an extension of the Contract Agreement Time because of any delay in Contractor’s performance of the Work attributable to the exercise by the City of the or City’s right 's rights hereunder.

City May Correct Defective Work. If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents, the City may, after seven (7) days days’ written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor’s services related thereto and take possession of the Contractor’s tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall allow the City’s representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor’s defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City’s right hereunder.