Default in Remedying Defects Sample Clauses
The "Default in Remedying Defects" clause defines the obligations and consequences when a party fails to correct defects or deficiencies in their work or deliverables within a specified timeframe. Typically, this clause outlines the process for notifying the defaulting party of the defect, provides a period for them to remedy the issue, and details the rights of the non-defaulting party if the defect is not addressed, such as the ability to arrange for repairs at the defaulting party's expense. Its core practical function is to ensure that defects are promptly corrected and to provide a clear mechanism for recourse if they are not, thereby protecting the interests of the non-defaulting party and maintaining project quality.
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Default in Remedying Defects. If the Contractor defaults in carrying out his obligations pursuant to sub- clauses 27.1(a) and/or (b) then the Employer shall be entitled to employ and pay other persons to carry out the same. The Superintending Officer shall evaluate and certify the reasonable sum consequent on or incidental to carrying out such work. Such sum certified shall be recoverable from the Contractor by the Employer and may be recoverable by the Employer under Clause 49.
Default in Remedying Defects. If the Contractor shall fail to comply with either clauses 48.1(a) and/or 48.1(b) within the time so specified, the materials or works so affected may be made good in such manner as the S.O. may think fit, in which case the costs incurred including On-Cost Charges (calculated by applying the Percentage of On-Cost Charges stated in Appendix to the costs incurred), shall be deducted from any money due or to become due, to the Contractor under this Contract and failing which such costs shall be recovered from the Performance Bond or as a debt due from the Contractor.