Common use of City May Correct Defective Work Clause in Contracts

City May Correct Defective Work. 11.12 If the Design-Builder fails, within three days after written notice from the City, to proceed to correct, or to remove and replace Defective Work as required by the City, or if the Design-Builder fails to perform the Work in accordance with this Contract (including any requirements of the work progress schedule), the City may correct and remedy any such deficiency. In exercising the rights under this paragraph, the City will proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may: (1) exclude the Design-Builder from all or part of the site; (2) take possession of all or part of the site; (3) suspend the Design-Builder’s services related thereto; (4) take possession of the Design-Builder’s tools, appliances, construction equipment and machinery at the site; and (5) incorporate in the Work material stored at the site or for which the City has paid the Design-Builder but which has been stored elsewhere. The Design- Builder shall allow the City’s representatives, contractors, agents, and employees such access to the site as may be necessary to exercise the rights under this paragraph. All direct and indirect costs in exercising such rights will be charged against the Design-Builder. A Change Order will be executed incorporating the necessary revisions to this Contract and a reduction in the Guaranteed Maximum Price. Such direct and indirect costs will include, in particular but without limitation: (1) additional professional services required; and (2) repair and replacement of the Work of others destroyed or damaged by correction, removal, or replacement of the Design- Builder’s Defective Work. The Design-Builder will not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise of the City’s rights under this section.

City May Correct Defective Work. 11.12 ‌ If the Design-Builder fails, CONTRACTOR fails within three days a reasonable time after written notice from the City, of CITY REP to proceed to correct, correct defective Work or to remove and replace Defective rejected Work as required by the CityCITY in accordance with Paragraph 14.6, or if the Design-Builder CONTRACTOR fails to perform the Work in accordance with this the Contract Documents (including any requirements of the work progress schedule), the City may CITY may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the CITY’S rights under this paragraphParagraph, the City will CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may: (1) CITY may exclude the Design-Builder CONTRACTOR from all or part of the site; (2) Work, and suspend CONTRACTOR'S services related thereto, take possession of all or part of the site; (3) suspend the Design-Builder’s services related thereto; (4) take possession of the Design-Builder’s CONTRACTOR'S tools, appliances, construction equipment and machinery at the site; site and (5) incorporate in the Work material all materials and equipment stored at the site or for which the City CITY has paid the Design-Builder CONTRACTOR, but which has been are stored elsewhere. The Design- Builder CONTRACTOR shall allow the City’s representativesCITY, contractorsCITY REP, agents, agents and employees such access to the site as may be necessary to enable CITY to exercise the CITY’S rights under this paragraphParagraph. All direct and indirect costs of CITY in exercising such rights will shall be charged against the Design-Builder. A CONTRACTOR in an amount verified by CITY REP, and a Change Order will shall be executed issued incorporating the necessary revisions to this in the Contract Documents and a reduction in the Guaranteed Maximum Contract Price. Such direct and indirect costs will shall include, in particular but without limitation: (1) , compensation for additional professional services required; required and (2) all costs of repair and replacement of the Work of work or others destroyed or damaged by correction, removal, removal or replacement of the Design- Builder’s Defective WorkCONTRACTOR'S defective work. The Design-Builder will CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in CONTRACTOR’S performance of the Work attributable to the exercise of the City’s by CITY or CITY'S rights under this sectionhereunder.

City May Correct Defective Work. 11.12 If the Design-Builder fails, within three days after written notice from the City, to proceed to correct, or to remove and replace Defective Work as required by the City, or if the Design-Builder fails to perform the Work in accordance with this Contract (including any requirements of the work progress schedule), the City may correct and remedy any such deficiency. In exercising the rights under this paragraph, the City will proceed expeditiously. To the extent necessary to DESIGN-BUILD GENERAL CONDITIONS PAGE 33 complete corrective and remedial action, the City may: (1) exclude the Design-Builder from all or part of the site; (2) take possession of all or part of the site; (3) suspend the Design-Builder’s services related thereto; (4) take possession of the Design-Builder’s tools, appliances, construction equipment and machinery at the site; and (5) incorporate in the Work material stored at the site or for which the City has paid the Design-Builder but which has been stored elsewhere. The Design- Builder shall allow the City’s representatives, contractors, agents, and employees such access to the site as may be necessary to exercise the rights under this paragraph. All direct and indirect costs in exercising such rights will be charged against the Design-Builder. A Change Order will be executed incorporating the necessary revisions to this Contract and a reduction in the Guaranteed Maximum Price. Such direct and indirect costs will include, in particular but without limitation: (1) additional professional services required; and (2) repair and replacement of the Work of others destroyed or damaged by correction, removal, or replacement of the Design- Builder’s Defective Work. The Design-Builder will not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise of the City’s rights under this section.

City May Correct Defective Work. 11.12 If the Design-Builder fails, within three days after written notice from the City, to proceed to correct, or to remove and replace Defective Work as required by the City, or if the Design-Design- Builder fails to perform the Work in accordance with this Contract (including any requirements of the work progress schedule), the City may correct and remedy any such deficiency. In exercising the rights under this paragraph, the City will proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may: (1) exclude the Design-Design- Builder from all or part of the site; (2) take possession of all or part of the site; (3) suspend the Design-Builder’s services related thereto; (4) take possession of the Design-Builder’s tools, appliances, construction equipment and machinery at the site; and (5) incorporate in the Work material stored at the site or for which the City has paid the Design-Builder but which has been stored elsewhere. The Design- Design-Builder shall allow the City’s representatives, contractors, agents, and employees such access to the site as may be necessary to exercise the rights under this paragraph. All direct and indirect costs in exercising such rights will be charged against the Design-Builder. A Change Order will be executed incorporating the necessary revisions to this Contract and a reduction in the Guaranteed Maximum Price. Such direct and indirect costs will include, in particular but without limitation: (1) additional professional services required; and (2) repair and replacement of the Work of others destroyed or damaged by correction, removal, or replacement of the Design- Design-Builder’s Defective Work. The Design-Builder will not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise of the City’s rights under this section.