Common use of Correction of Nonconforming Work Clause in Contracts

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.

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 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. 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.