Common use of Correction or Removal of Defective Work Clause in Contracts

Correction or Removal of Defective Work. A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Correction or Removal of Defective Work. A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by OwnerProject Administrator, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this ParagraphParagraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. C. Contractor shall promptly segregate and remove rejected products from the Site.

Appears in 1 contract

Samples: Construction Contract

Correction or Removal of Defective Work. A. Promptly after receipt of notice, Contractor CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by OwnerENGINEER, remove it from the Project and replace it with Work that is not defective. Contractor C ONTRACTOR shall pay all claimsClaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this ParagraphParagraph 13.06 or Paragraph 13.07, Contractor CONTRACTOR shall take no action that would void or otherwise impair OwnerOWNER’s special warranty and guarantee, if any, on said Work.

Appears in 1 contract

Samples: Construction Contract

Correction or Removal of Defective Work. A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

Appears in 1 contract

Samples: Construction Contract

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Correction or Removal of Defective Work. A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by OwnerEngineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this ParagraphParagraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

Appears in 1 contract

Samples: Basic Form Agreement

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