Common use of Correction of Nonconforming Work Clause in Contracts

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

Correction of Nonconforming Work. 5.9.1.1 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 COMA Documents, at DB Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the DB Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2 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 COMA 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 ten days of receipt of notice from TxDOT requesting correction, or if such Nonconforming Work cannot be corrected within 10 ten days and DB Contractor fails to to: (a) provide to TxDOT a schedule acceptable to TxDOT for correcting any such Nonconforming Work within such 10ten-day period, (b) commence such corrective Work within such 10ten-day period and

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 andand (c) thereafter diligently prosecute such correction in accordance with such approved schedule to completion, then TxDOT may 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 DB Contractor or obtain reimbursement from DB Contractor for such cost.

Correction of Nonconforming Work. 5.9.1.1 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 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 ten days of receipt of notice from TxDOT requesting correction, or if such Nonconforming Work cannot be corrected within 10 ten days and DB Contractor fails to to: (a) provide to TxDOT a schedule acceptable to TxDOT for correcting any such Nonconforming Work within such 10ten-day period, (b) commence such corrective Work within such 10ten-day period and

Correction of Nonconforming Work. 5.9.1.1 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 COMA Documents, at DB Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the DB Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2 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 COMA Documents at DB Contractor’s cost and without any adjustment to the Maintenance Price or any Completion Deadline 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 ten days and DB Contractor fails to to: (a) provide to TxDOT a schedule acceptable to TxDOT for correcting any such Nonconforming Work within such 10ten-day period, (b) commence such corrective Work within such 10ten-day period andand (c) thereafter diligently prosecute such correction in accordance with such approved schedule to completion, then TxDOT may 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 DB Contractor and/or obtain reimbursement from DB Contractor for such cost.