Common use of Correction Before Final Payment Clause in Contracts

Correction Before Final Payment. .1 The Contractor shall promptly remove from the premises all material condemned by the Project Manager as failing to conform to the Contract whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute his/her own work in accordance with the Contract and without expense to the Metropolitan Regional Housing Authority and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. .2 If the Contractor does not remove such condemned materials or work within the time fixed by written notice, the Metropolitan Regional Housing Authority may remove and may store such materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within five days thereafter, the Metropolitan Regional Housing Authority may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all costs and expenses incurred in the removal, storage and sale of the material and any other costs and expenses that should have been borne by the Contractor.