Common use of City May Correct Defective Work Clause in Contracts

City May Correct Defective Work. 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. 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.