Correction of Nonconforming or Defective Work Sample Clauses

Correction of Nonconforming or Defective Work. The Authority shall require timely correction by the Contractor of nonconforming Work. If nonconforming Work remains uncorrected for more than thirty (30) Days from the Contractor’s receipt of notice of the nonconforming Work from the Authority, its Project Manager, the Design Consultant, or DCA, the next Invoice to the Contractor may be reduced by an amount equivalent to the entire value of the nonconforming Work, as if the nonconforming Work is 0% complete. The Authority shall maintain a continuing list of nonconforming Work as determined by the Authority and shall make such list available to the Contractor. If the Contractor fails to repair, replace, remove or otherwise remedy any nonconforming or defective Work in accordance with this Section, the Authority shall repair, replace, remove or otherwise remedy the Contractor’s nonconforming or defective Work at the Contractor’s expense. In such case, an appropriate written notice shall be issued by the Authority to the Contractor notifying the Contractor of the Authority’s decision to repair, replace, remove or otherwise remedy the nonconforming or defective Work and deducting from the payments then or thereafter due the Contractor the cost of repairing, replacing, removing or otherwise remedying the Contractor’s nonconforming or defective Work. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Authority upon demand.
Sample 1
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Correction of Nonconforming or Defective Work. 9.2.1 During the performance of Work hereunder and the Warranty Period, when either (a) Contractor actually discovers any Defect or (b) Owner notifies Contractor of a Defect pursuant to Section 9.6 and directs Contractor to remedy such Defect, Contractor shall re-perform correctly any engineering or design Work, perform or cause to be performed remedial construction work or rework (whether required to effect any re-performed engineering or design Work or otherwise required), refinish or remove and replace any item of equipment, component of equipment or materials or systems, and generally take or cause to be taken such action as may be required to remedy such Defect with conforming materials. Contractor shall commence remedial efforts with respect to any such Defect, or cause such efforts to be commenced, promptly after receipt of Owner's notice pursuant to Section 9.6; provided, however, that no such notice shall be required in the event of a Defect discovered by Contractor, and Contractor shall commence remedial Work promptly following such discovery. Where Owner notifies Contractor of a Defect pursuant to Section 9.6 and directs Contractor to remedy such Defect, unless Contractor has disputed the existence of the Defect in writing provided to Owner no later than seven (7) Days from Contractor's receipt of Owner's notice of such Defect, Contractor shall bear the expense of refinishing or of removal and replacement, as the case may be, and shall bear Contractor's cost of making good other Work affected by such removal and replacement, and no extension of time will be allowed for the correction of Defects. If, during the Warranty Period or at any time after Substantial Completion, Contractor does not promptly remedy such Defects or commence to remedy such Defects, Owner may do so. All of Owner's expenses of remedying a Defect shall be charged to Contractor and may be deducted from any funds then due to Contractor under this Agreement or, if sufficient funds are unavailable, Contractor shall immediately reimburse Owner for such costs on demand from Owner. In the event that Contractor fails to reimburse Owner for such costs, Owner shall be entitled to draw on the Surety Bond, the Retainage and/or the Warranty Bond for an amount equal to such costs (plus interest at the Contract Interest Rate); provided, however, that in the event Contractor has disputed responsibility for such costs in accordance with the procedures set forth in Article 21, such remedies may...
Sample 1

Related to Correction of Nonconforming or Defective Work

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

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