Common use of CORRECTION OF WORK BEFORE FINAL PAYMENT Clause in Contracts

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.

Appears in 7 contracts

Samples: General Contractor Services Agreement, Sample Construction, Energy Savings Performance Contract

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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 30) Days after Substantial Completion for completion of defective (punch listPunch List) work, unless otherwise agreed. At the end of that the thirty-day period, or earlier if requested by the Contractor, Owner shall arrange for inspection of the Work by the Architect/Engineer. Should the Work work not be complete, and all corrections made, the costs for all subsequent re-inspections reinspections shall be borne by the Contractor. If Contractor fails to complete the punch list Punch List work within the above time thirty (30) Day period, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) days Days after demand without affecting Contractor’s obligations.

Appears in 2 contracts

Samples: wou.edu, bid.oregonstate.edu

CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor CM/GC warrants to the Owner City 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 CM/GC shall promptly remove from the premises and replace all defective materials and equipment as determined by the OwnerCity's Authorized Representative, whether incorporated in the Work or not. Removal and replacement shall be without loss or expense to the OwnerCity, and Contractor CM/GC shall bear the cost of repairing all Work destroyed or damaged by such removal or replacement. Contractor CM/GC shall be allowed a period of no longer than thirty sixty (30)Days after Substantial Completion 60) Calendar Days for completion of defective (punch list) work, unless otherwise agreed. At the end of that period, or earlier if requested by the ContractorCM/GC, Owner City 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 ContractorCM/GC. If Contractor CM/GC fails to complete the punch list work within the above time period, Owner without affecting CM/GC’s obligations City may perform such work and Contractor CM/GC shall reimburse Owner City all costs of the same within ten twenty- five (1025) days after demand without affecting Contractor’s obligationsdemand.

Appears in 2 contracts

Samples: www.cityofalbany.net, www.bidnet.com

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 30) Days after Substantial Completion for completion of defective (punch listPunch List) work, unless otherwise agreed. At the end of that the thirty-day period, or earlier if requested by the Contractor, Owner shall arrange for inspection of the Work by the Architect/Engineer. Should the Work 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 Punch List work within the above time thirty (30) Day period, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) days Days after demand without affecting Contractor’s obligations.

Appears in 1 contract

Samples: Forest Road Infrastructure Contract Oregon State University

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 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 Days after demand without affecting Contractor’s obligations. At Owner’s discretion, Contractor’s reimbursement may be provided for costs of work performed by Owner by Owner’s unilateral deductive change order, if sufficient retainage remains.

Appears in 1 contract

Samples: Multnomah County Construction Services Contract

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CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor warrants to the Owner that materials and equipment furnished under the Contract Agreement will be of good quality and new unless otherwise required or permitted by the Contract Agreement Documents, that the Work will be free from defects, and that the Work will conform to the requirements of the Contract Agreement 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 30) Days after Substantial Completion for completion of defective (punch listPunch List) work, unless otherwise agreed. At the end of that the thirty-day period, or earlier if requested by the Contractor, Owner shall arrange for inspection of the Work by the Architect/Engineer. Should the Work 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 Punch List work within the above time thirty (30) Day period, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) days Days after demand without affecting Contractor’s obligations.

Appears in 1 contract

Samples: www.pdx.edu

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.ten

Appears in 1 contract

Samples: Energy Savings Performance Contract

CORRECTION OF WORK BEFORE FINAL PAYMENT. The Contractor CM/GC 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 The CM/GC’s warranty does not include remedies for defects or damages caused by use for a purpose for which the Project was not intended, improper operation or insufficient maintenance, modifications performed by the Owner or Others, or abuse. The CM/GC’s warranty shall commence on the Date of Substantial Completion of the Work, or of a designated portion. CM/GC shall promptly remove from the premises and replace all defective materials and equipment as determined by the Owner's ’s Authorized Representative, whether incorporated in the Work or not. Removal and replacement shall be without loss or expense to the Owner, and Contractor CM/GC shall bear the cost of repairing all Work destroyed or damaged by such removal or replacement. Contractor CM/GC shall be allowed a period of no longer than thirty (30)Days after Substantial Completion 60 days for completion of defective (punch list) work, unless otherwise agreed. At the end of that period, or earlier if requested by the ContractorCM/GC, 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 ContractorCM/GC. If Contractor CM/GC fails to complete the punch list work within the above time period, without affecting CM/GC’s obligations Owner may perform such work and Contractor CM/GC shall reimburse Owner all costs of the same work within ten (10) 30 days after demand without affecting Contractor’s obligationsdemand.

Appears in 1 contract

Samples: Contract

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