Correction of Nonconforming Work Sample Clauses

Correction of Nonconforming Work. 5.9.1.1 Subject to Section 5.9.2, DB Contractor shall correct Nonconforming Work so as to conform to the requirements of the CMA Documents, at DB Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve DB Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2 Unless TxDOT agrees to permit Nonconforming Work in accordance with Section 5.9.2, Nonconforming Work shall be removed and replaced so as to conform to the requirements of the CMA Documents at DB Contractor’s cost and without any adjustment to the Maintenance Price or any other relief, and DB Contractor shall promptly take all action necessary to prevent similar Nonconforming Work from occurring in the future. The fact that TxDOT may not have discovered the Nonconforming Work shall not constitute an acceptance of such Nonconforming Work. If DB Contractor fails to correct any Nonconforming Work within 10 days of receipt of notice from TxDOT requesting correction, or if such Nonconforming Work cannot be corrected within 10 days and DB Contractor fails to (a) provide to TxDOT a schedule acceptable to TxDOT for correcting any such Nonconforming Work within such 10-day period, (b) commence such corrective Work within such 10-day period and
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Correction of Nonconforming Work. Subject to Section 5.9.2, Nonconforming Work shall be corrected so as to conform to the requirements of the CMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. If Maintenance Contractor fails to correct any Nonconforming Work within the period set forth in Attachment 1 to Exhibit 2, then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days of delivery of an invoice, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work.
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Correction of Nonconforming Work. 5.9.1.1. Subject to Section 5.9.2, Maintenance Contractor shall correct Nonconforming Work so as to conform to the requirements of the COMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2. If Maintenance Contractor fails to correct any Nonconforming Work within the Cure Period set forth in Exhibit 8 to this Comprehensive Maintenance Agreement (or, if no such Cure Period applies to the Nonconforming Work, then within 30 days after Maintenance Contractor obtains knowledge or receives notice thereof), then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days after delivery of an invoice to Maintenance Contractor, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work. Alternatively, TxDOT, in its sole discretion, may deduct TxDOT’s Recoverable Costs from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.
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Correction of Nonconforming Work. A. Work covered by Contractor without inspection: If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner’s observation and be replaced at the Contractor’s expense and without change in the Contract Time. B. Payment provisions for uncovering covered Work: If, at any time prior to Final Completion, Owner desires to examine the Work, or any portion of it, which has been covered, Owner may request to see such Work and it shall be uncovered by Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Contract Sum for the costs of uncovering and replacement, and, if completion of the Work is thereby delayed, an adjustment in the Contract Time, provided it makes such a request as provided in Part 7. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction. C. Contractor to correct and pay for non-conforming Work: Contractor shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections. D. Contractor’s compliance with warranty provisions: If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or within one year after the date for commencement of any system warranties established under Part 6.7, or within the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner to do so. Owner shall give such notice promptly after discovery of the condition. This period of one year shall be extended, with respect to portions of Work first performed after Substantial Completion, by the period of time between Substantial Completion and the actual performance of the Work. Contractor’s duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. Obligations under this paragraph shall survive Final Acceptance. E. Contractor to remove non-conforming Work: Contractor shall re...
Sample 1
Correction of Nonconforming Work. Subject to Section 5.9.2, Nonconforming Work shall be corrected so as to conform to the requirements of the CMA Documents, at Maintenance Contractor’s cost. Texas Department of Transportation Execution Version Horseshoe Project 27 Capital Maintenance Agreement The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. If Maintenance Contractor fails to correct any Nonconforming Work within the period set forth in Attachment 1 to Exhibit 2, then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days of delivery of an invoice, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work.
Sample 1
Correction of Nonconforming Work. 7.4.1 Subject to the Alamo RMA’s unilateral right to accept or reject Nonconforming Work, rejected Nonconforming Work shall be removed and replaced so as to be acceptable to the Alamo RMA, at Design/Builder’s expense; and Design/Builder shall promptly take all action necessary to prevent similar deficiencies from occurring in the future. The fact that the Alamo RMA may not have discovered the Nonconforming Work shall not constitute an acceptance of such Nonconforming Work. If Design/Builder fails to correct any Nonconforming Work, or fails to provide an acceptable schedule to complete such Nonconforming Work and then begins such work, within five (5) Days of receipt of notice from the Alamo RMA requesting correction, then the Alamo RMA may (i) impose liquidated damages of $5,000 per day until Design/Builder corrects such Nonconforming Work or provides an acceptable schedule for its completion, (ii) issue a stop work order until such correction is made or acceptable schedule for completion is provided, and/or (iii) cause the Nonconforming Work to be remedied or removed and replaced and may deduct the cost of doing so from any moneys due or to become due Design/Builder and/or obtain reimbursement from Design/Builder for such cost (plus interest thereon at the maximum rate allowable under applicable Law). The procedures for correction of Nonconforming Work set forth in the Construction QMP shall be consistent with the requirements of this Section 7.4. 7.4.2 The Alamo RMA may, but shall not be obligated to, accept any Nonconforming Work without requiring it to be fully corrected. In such event, the Alamo RMA shall be entitled to reimbursement of a portion of the Development Price equal to the greater of (a) the diminution in value of the Project attributable to the Nonconforming Work, including the present value of future maintenance and repair costs that the Alamo RMA anticipates may be required as a result of the nonconformity, and (b) the difference between the cost of performing the work in question in accordance with the Contract Documents and the actual cost of performing the Nonconforming Work. Such reimbursement by Design/Builder shall be made within ten (10) Days of the Alamo RMA’s submittal to Design/Builder of an invoice therefor and shall accrue interest at the maximum rate allowable under applicable Law. Alternatively, the Alamo RMA may deduct the amount owing from any sum owed by the Alamo RMA to Design/Builder pursuant to this Agreement. Where a...
Sample 1
Correction of Nonconforming Work. A. Work covered by Contractor without inspection: If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner’s observation and be replaced at the Contractor’s expense and without change in the Contract Time. B. Payment provisions for uncovering covered Work: If, at any time prior to Final Completion, Owner desires to examine the Work, or any portion of it, which has been covered, Owner may request to see such Work and it shall be uncovered by Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Contract Sum for the costs of uncovering and replacement, and, if completion of the Work is thereby delayed, an adjustment in the Contract Time, provided it makes such a request as provided in Part 7. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction. C. Contractor to correct and pay for non- conforming Work: Contractor shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections.
Sample 1
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Related to Correction of Nonconforming Work

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

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

  • 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.

  • 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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