CORRECTION OF WORK BEFORE FINAL PAYMENT Sample Clauses
CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects, and that the Work will conform to the requirements of the Contract Documents. Work failing to conform to these requirements shall be deemed defective. Contractor shall promptly remove from the premises and replace all defective materials and equipment as determined by the Owner's Authorized Representative, whether incorporated in the Work or not. Removal and replacement shall be without loss or expense to the Owner, and Contractor shall bear the cost of repairing all Work destroyed or damaged by such removal or replacement. Contractor shall be allowed a period of no longer than thirty (30)Days after Substantial Completion for completion of defective (punch list) work, unless otherwise agreed. At the end of that period, or earlier if requested by the Contractor, Owner shall arrange for inspection of the Work by the Architect/Engineer. Should the Work not be complete, and all corrections made, the costs for all subsequent re-inspections shall be borne by the Contractor. If Contractor fails to complete the punch list work within the above time period, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) days after demand without affecting Contractor’s obligations.
CORRECTION OF WORK BEFORE FINAL PAYMENT. 1. When Work is rejected by the Commission as failing to conform to the Contract Documents, the Design-Builder must promptly remove such Work, including all related materials and equipment, whether incorporated in the Work or not, from the Site. The Design-Builder will promptly replace and re-execute such Work in accordance with the Contract Documents and without expense to the Commission. Design-Builder will also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
2. If the Design-Builder does not remove such rejected Work, materials, and equipment within a reasonable time, as determined by written notice of the Commission, the Commission may, at the expense of the Design-Builder, remove and dispose of such rejected Work as the Commission sees fit. If the Design-Builder does not pay the cost and expenses of such removal within 10 Days, the Commission may deduct all such costs and expenses from any monies due the Design-Builder.
3. If the Work deviates from the requirements of the Contract Documents, the Design-Builder will be responsible for all resulting damages. A claim by the Design-Builder that performing the Work without deviation from what is required by the Contract Documents would also have caused or resulted in damages will not be available to the Design-Builder as a defense or a claim to reduce the Design-Builder’s liability. This provision does not limit the other rights of the Commission or Architect or other obligations of the Design-Builder.
CORRECTION OF WORK BEFORE FINAL PAYMENT. (a) The Contractor shall promptly remove from the Work Site all materials, equipment or other items rejected by the Engineer or the Owner as failing to conform to the Contract Documents, whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute its original work to comply with the Contract Documents without expense to the Owner. In addition, the Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
(b) If the Contractor does not remove rejected material, equipment or other items within a reasonable time (as fixed by written notice from the Owner, or the Engineer), the Engineer or the Owner may remove such items and store them at the expense of the Contractor, or dispose of such material, equipment or other items at the sole discretion of the Owner. If the Contractor does not pay the expense of such removal or storage within ten (10) days, the Owner may, upon ten (10) days written notice, sell such items at auction or at private sale and shall account for the net proceeds of such sale, after deducting all the costs and expenses of removal that should have been borne by the Contractor.
CORRECTION OF WORK BEFORE FINAL PAYMENT. 66.1 Contractor shall promptly remove from the premises all Work condemned by District as failing to conform to the Contract Documents, whether incorporated or not. Contractor shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
66.2 If Contractor does not remove such condemned Work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor’s expense. If Contractor does not pay expenses of such removal within ten (10) days’ time thereafter, District may, upon ten (10) days’ written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor.
CORRECTION OF WORK BEFORE FINAL PAYMENT. A. General Contractor shall promptly remove all materials and equipment from the Site, whether incorporated in the Work or not, rejected by Architect or Construction Manager as failing to conform to the Contract Documents (collectively referred to as “rejected Work”). General Contractor shall promptly replace and re-execute the rejected Work in accordance with the Contract Documents and without expense to the Board and shall bear the cost and expense of making good all work of other contractors destroyed or damaged by the removal or replacement.
B. If General Contractor does not remove the rejected Work within a reasonable time, determined by written notice of Construction Manager, the Board may, at the sole cost and expense of General Contractor, remove and dispose of the rejected Work as the Board sees fit. If General Contractor does not pay the cost and expenses of the removal within ten (10) days after removal of the rejected Work by the Board, the Board may deduct all such costs and expenses from any monies due General Contractor.
C. If the Work deviates from the requirements of the Contract Documents, General Contractor shall be liable for all resulting damages. General Contractor waives any claim (as a defense or a claim to reduce General Contractor's liability) that performing the Work without deviation from what is required by the Contract Documents would also have caused or resulted in damages. This provision does not limit any other rights of the Board or Architect or other obligations of General Contractor.
D. When Architect's additional services are required because of defective Work, neglect, failure, deficiencies, or default by General Contractor, Architect's compensation for the services may, at the option of the Board, be payable by General Contractor based on Architect's invoice sent to the Board. Deficiencies are defined to include, but not be limited to, more than two (2) reviews of the same submittal of shop drawings and associated data due to incomplete, uncoordinated or otherwise defective submissions. The invoice, when approved by the Board, along with other costs, damages, and liabilities incurred by the Board and Architect, at the option of the Board, may be the basis for decreasing the Base Contract Price by a Change Order to compensate the Board for Architect's additional services.
CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor shall promptly remove from the Project and the Project Site all materials, equipment or other items that, as determined by the Inspector, fail to conform to the requirements of the Contract Documents, regardless of whether such materials have already been incorporated into the Work. The Contractor shall, at its own expense, promptly replace any such materials, equipment or items with conforming materials, equipment or items, and shall thereafter repair the Work and/or execute the remaining Work in conformance with the Contract Documents. In addition, the Contractor shall bear all costs and expenses of replacing or repairing the work of other contractors or subcontractor(s) that is destroyed or damaged in the course of removing or replacing any non-conforming materials, equipment or other items that were incorporated into the Work. The District shall have no obligation to issue the Final Payment to the Contractor unless and until the Contractor satisfies the requirements of this Section.
CORRECTION OF WORK BEFORE FINAL PAYMENT. A. All Work which does not conform to the requirements of the Contract, or which was unauthorized, will be considered unacceptable, and may be ordered to be removed and replaced in an acceptable manner, at XXXX'x expense, as determined by Design Professional and LCCC Representative. XXXX shall promptly, and in no case longer than thirty (30) days after receipt of written notice of defect, correct Work which is rejected by Design Professional and/or LCCC Representative or fails to conform to the Contract requirements, whether such defect is observed before or after substantial completion, and whether or not the Work is fabricated, installed or completed. XXXX shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for Design Professional and LCCC's services and expenses made necessary thereby.
B. If XXXX fails to comply with an order to correct defective Work, LCCC may follow the Contract provisions for issuance of a stop work order (Article 45), or, under LCCC's right to perform provision (Article 44), LCCC may have unauthorized or unacceptable Work removed, at XXXX'x expense, and may deduct from any monies due or which become due to XXXX all costs of removal and correction. XXXX shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of LCCC or separate contractors caused by XXXX'x correction or removal of Work under this provision.
C. If LCCC prefers to accept defective or nonconforming Work, it may do so instead of requiring its removal and correction, in which case a change order will be issued to reflect a reduction in the Contract Sum where appropriate. Such reduction shall be made whether or not final payment has been made, and LCCC may condition its acceptance of nonconforming Work upon XXXX'x agreement to a longer warranty period for the nonconforming Work.
CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor shall promptly remove from the premises all work failing to conform to the Contract, whether or not incorporated in a structure, the Project or property.
CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor shall promptly remove from the site of the Work all materials and/or associated portions of the Work rejected by the County Contract Representative as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute the Work in accordance with the Contract, without expense to the County, and shall bear the expense of making good the work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such rejected Work and/or materials within a reasonable time, fixed by written notice, the County may remove it and may store the materials at the expense of the Contractor.
CORRECTION OF WORK BEFORE FINAL PAYMENT. 20.1 The Contractor shall promptly remove from the premises all materials and work rejected by the Engineer/Architect due to failing to meet Contract requirements, whether incorporated in the work or not. The Contractor shall promptly replace and re-execute the work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
20.2 If the Contractor does not take action to remove such rejected materials and work within ten (10) working days after written notice, the Owner may remove such rejected materials and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten (10) working days’ time thereafter, the Owner may, upon ten (10) working days’ written notice, sell such materials at auction or private sale and shall pay to the Contractor any net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.