Common use of Complying Services Clause in Contracts

Complying Services. If the Contractor's Representative discovers or believes that any Services have not been performed in accordance with the Subcontract, the Contractor's Representative may give the Consultant a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: reperform the non-complying Services and specifying the time within which this must occur; and take all such steps as are reasonably necessary to: mitigate the effect on the Contractor of the failure to carry out the Services in accordance with the Subcontract; and put the Contractor (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Subcontract; or advising the Consultant that the Contractor will accept the non-complying Services despite the non-compliance.

Complying Services. If the Contractor's Representative discovers or believes that any Services have not been performed in accordance with the Subcontract, the Contractor's Representative may give the Consultant a direction an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: reperform the Services which are non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Contractor of the failure to carry out the Services in accordance with the Subcontract; and put the Contractor (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Subcontract; or advising the Consultant that the Contractor will accept the non-complying Services despite the non-compliance.