Common use of Defective Services Clause in Contracts

Defective Services. The Owner shall have the right to reject any portion of the Architect’s services on the Project because of any fault or defect in or arising from the Contract Documents and prompt notice of any such rejection shall be given by Owner to the Architect. Upon receipt of such notice, the Architect shall forthwith perform, without any additional cost or expense to Owner, any and all such services as are required to correct or remedy any negligent act with respect to, or any error or omission in, the Contract Documents, or in connection with the Architect’s services, or the services of the Architect’s Consultants or other persons employed by the Architect, in accordance with the provisions of this Agreement. Should the Architect refuse or neglect to correct or remedy such defects within a reasonable time after receiving such notice, then Owner shall be entitled to correct or remedy the same at the expense of the Architect, and the Architect shall reimburse Owner upon demand for all expenses incurred by Owner to make such correction or remedy or, in default thereof, the Owner shall be entitled to deduct the cost thereof from all sums then or thereafter due to the Architect under this Agreement. This commitment by the Architect is in addition to, and not in substitution for, any other remedy for defective services which the Owner may have under this Agreement, at law or in equity.” Article 3