Common use of Defective Materials Clause in Contracts

Defective Materials. All materials not confirming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not shall be rejected. They shall be removed immediately by the contractor at his expense and replaced with acceptable material. No rejected material, the defects of which have been subsequently corrected, shall be used on the work until approved in writing has been given by the Superintending Engineer. Upon failure on the part of the contractor to . comply with any order of the Superintending Engineer made under the provisions of this article within the time stipulated by the Superintending Engineer, the Superintending Engineer shall have authority to remove and replace the defective material and recover the cost of removal and replacement from the contractor. Further, all such defective material lying at site not removed and replaced within 30 days after issue of notice by the Superintending Engineer if the Superintending Engineer so decides, shall become the property of the Corporation and the Superintending Engineer shall disposes of such material in any manner without any further written notice to the Contract.

Defective Materials. All materials not confirming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not shall be rejected. They shall be removed immediately by the contractor at his expense and replaced with acceptable material. No rejected material, the defects of which have been subsequently corrected, shall be used on the work until approved in 28 Signature of the Tenderer writing has been given by the Superintending Engineer. Upon failure on the part of the contractor to . comply with any order of the Superintending Engineer made under the provisions of this article within the time stipulated by the Superintending Engineer, the Superintending Engineer shall have authority to remove and replace the defective material and recover the cost of removal and replacement from the contractor. Further, all such defective material lying at site not removed and replaced within 30 days after issue of notice by the Superintending Engineer if the Superintending Engineer so decides, shall become the property of the Corporation and the Superintending Engineer shall disposes of such material in any manner without any further written notice to the Contract.