Correction of the Work. Within the space of time designated in Notices of Non-Compliant Work and without expense to the Owner, the Contractor shall correct, remedy, replace, re-execute, supply omitted work, or remove from the premises all work designated as non-compliant by the Design Professional. The Contractor shall give prompt notice in writing to the Design Professional, with copy to the Owner, upon completion of the supplying of any omitted work or the correction of any work designated as non-compliant by the Design Professional. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the non-compliant work or supplying of omitted work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty work, or supply any omitted work within the space of time designated in Notices of Non-Compliant Work, then the Owner, after ten days' notice in writing to the Contractor, may remove the work, correct the work, remedy the work or supply omitted work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once with correction of the Work without waiving any rights of the Owner. Correction of defective work executed under the plans and specifications or supplying of omitted work whether or not covered by warranty of a subcontractor or supplier, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the expiration of the statute of limitations covering the Work.
Correction of the Work. If TxDOT determines that any of the Work has not met the standards set forth in this Section 11.1 at any time within the applicable Warranty Term, then DB Contractor shall correct such Work as specified in this Section 11, even if the performance of such corrective Work extends beyond the applicable Warranty Term.
Correction of the Work. In addition to the Contractor’s obligations under Section 12, if, within one year after the date of Final Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 12, or by terms of an 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, the Contractor shall correct it promptly after receipt of notice from the Park District to do so unless the Park District has previously given the Contractor a written acceptance of such condition. The Park District shall give such notice promptly after discovery of the condition. The obligation under this Section 13 shall survive acceptance of the Work under the Contract Documents and termination of the Agreement. Corrective Work shall be warranted to be free from defects for a period equal to the longer of twelve (12) months after the completion of the corrective Work or one (1) year from the date of Final Completion of the Work, or such longer period of time as may be prescribed by law or in equity or by the terms of any applicable special warranty. Notwithstanding the foregoing, Contractor shall correct Work deficiently or defectively performed and replace defective or non- conforming materials and equipment, even though such deficiency, defect or non-conformity may be discovered more than one (1) year after Final Completion, if the correction is of a latent defect and arises from poor workmanship or improper materials or equipment, or is required to be made to Work, materials or equipment covered by the Contractor or a subcontractor contrary to the Park District’s request or to the request of a governmental officer, or to the requirements of the Contract Documents or governmental requirements, and was therefore not visible for inspection by the Park District or governmental officer, as applicable, at the time of inspection. Contractor shall, within a reasonable time under the circumstances, after receipt of written notice thereof, correct, repair, replace and otherwise make good any defects or non-conformity in the Work. If the Contractor fails to correct nonconforming Work within a reasonable time, the Park District may correct it in accordance with Section 10.
Correction of the Work. The Parties agree that the Project Manager shall have the right and authority to reject in writing, stating the reasons therefore, Work which does not conform with the Contract Documents. The ESCO shall promptly correct any Work rejected by the School District for failing to conform with the Contract Documents, whether observed before or after final acceptance by the School District and whether or not the Selected ECM is fabricated, installed, or completed, and shall make such corrections in accordance with Article 8 (Warranties). These provisions apply to Work done by Subcontractors as well as to Work done by direct employees of the ESCO.
Correction of the Work. A. Repair or remove and replace defective construction. Restore damaged substrates and finishes.
Correction of the Work. The Customer shall have the right and authority to reject Work which does not conform to the Contract Documents. The ESCO shall promptly correct Work rejected by the Customer for failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within the warranty period set forth in Section 5.10. The provisions of this Section 4.11 apply to Work done by Subcontractors as well as to Work done by direct employees of the ESCO.
Correction of the Work. Subcontractor shall immediately perform and pay for the correction of any of its work found to be defective or otherwise not in conformance with the Subcontract Documents.
Correction of the Work. 12.2.1 XXXX shall promptly correct or remove work rejected by Director or work failing to conform to requirements of the Contract, whether observed before or after the Date of Substantial Completion and whether fabricated, Installed, or completed.
Correction of the Work. If the CONTRACTOR fails to correct Work which is not in accordance with the requirements of the Contract Documents, after written notice by OWNER requesting the correction of the Work, or persistently fails to carry out Work in accordance with the Contract Documents, the OWNER by written order signed personally by their authorized representatives, may order the CONTRACTOR to stop the Work, or any portion thereof, with no liability to OWNER until the cause for such order has been eliminated If the CONTRACTOR defaults or neglects to carryout the Work in accordance with the Contract Documents and fails within a seven Day period after receipt of written notice from the OWNER to commence and continue correction of such default or neglect with diligence and promptness, the OWNER may after such seven Day period without prejudice to other remedies the OWNER may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to the CONTRACTOR the cost of correcting such deficiencies, including compensation for the Construction Manager’s additional services and expenses made necessary by such default, neglect or failure. Such action by the OWNER and amounts charged to the CONTRACTOR are both subject to prior approval of the Construction Manager. If payments then or thereafter due to the CONTRACTOR are not sufficient to cover such amounts, the CONTRACTOR shall pay the difference to the OWNER. In the event that OWNER’S subcontractors carry out the abovementioned corrections of the Work, then, the CONTRACTOR shall be released by the OWNER from any liability arising from such correction carried out by OWNER’S subcontractors only, and shall hold CONTRACTOR harmless from any and all claims and/or suits that may be filed by any of OWNER’S subcontractors or suppliers used for such correction only. OWNER shall be responsible for the cost of correcting damaged or defaulty Work derived from its own negligence or that of its subcontractors, agents and suppliers. The CONTRACTOR shall be responsible for the cost of correcting damaged or faulty Work derived from its own negligence or that of its subcontractors, agents and suppliers. The CONTRACTOR shall promptly correct Work rejected by the Construction Manager or failing to conform to the requirements of the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed, but not after the Fin...
Correction of the Work. 4.9.1 The Agency shall have the right and authority to reject Work that does not conform to the Contract Documents. The Contractor shall promptly correct Work rejected by the Agency for failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed. The provisions of this Section apply to Work done by subcontractors as well as to Work done by direct employees of the Contractor.
