Costs of Correcting Defective Work prior to Mechanical Completion Sample Clauses

Costs of Correcting Defective Work prior to Mechanical Completion. Except as otherwise set forth in the Agreement, Owner shall reimburse Contractor for Allowable Costs to perform rework with respect to welding quality prior to Mechanical Completion, even if such rework would otherwise be considered an occurrence of Defective Work; provided that (i) Contractor has provided written notice to Owner of such Defective Work; and (ii) the total number of welds requiring rework does not exceed three percent (3%) of the total welds on the Project, computed as of Mechanical Completion. In no event shall Owner’s reimbursement for Defective Work include any amounts for: (a) Work priced on a lump sum or unit rate basis in this Agreement; (b) Defective Work performed by Subcontractors or Sub-subcontractors where the basis of compensation to a Subcontractor or Sub-subcontractor is on a lump sum or unit rate basis; (c) amounts for which Subcontractors and Sub-subcontractors are responsible under their respective Subcontracts or Sub-subcontracts for correcting Defective Work at their own expense; or (d) correction of amounts in excess of two percent (2%) of the Estimated Total Contractor’s Compensation. For the avoidance of doubt, under no circumstance is Contractor entitled to a Change Order arising out of the correction of Defective Work, regardless of cause.
Sample 1
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Costs of Correcting Defective Work prior to Mechanical Completion. Except as otherwise set forth in the Agreement, Owner shall reimburse Contractor for Allowable Costs to perform rework with respect to welding quality prior to Mechanical Completion, even if such rework would otherwise be considered an occurrence of Defective Work; provided that (i) Owner has been provided written notice provided by Contractor of such Defective Work; and (ii) the total number of welds requiring rework does not exceed five percent (5%) of the total welds on the Project, computed as of Mechanical Completion. For the avoidance of doubt, Owner is not required to pay additional amounts for rework performed by Subcontractors or Sub-subcontractors where the basis of compensation to a Subcontractor or Sub-subcontractor is on a lump sum or unit rate basis.
Sample 1

Related to Costs of Correcting Defective Work prior to Mechanical Completion

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