Common use of DEFECTIVE WORK AND CORRECTIVE ACTION Clause in Contracts

DEFECTIVE WORK AND CORRECTIVE ACTION. Work which is found by the District not to comply with the Plans and Specifications shall be remedied so as to comply therewith. The Developer shall correct or replace any defective work or material discovered by the District within two (2) years after the Work has been accepted by the District (Maintenance Period). Such correction or replacement shall commence within seven days from the time of Developer’s receipt of notice from the District of defective work or materials and shall be completed within a reasonable time as determined by the District. If not so commenced, or, in emergency, when damage may result from delay, such correction or replacement may be made by the District at the expense of the Developer. The Developer shall reimburse the District, upon demand, for any expense resulting from defects which appear within two years after acceptance of the Work including actual damages, cost of materials and labor expended by the District in making emergency repairs, cost of engineering, inspection and supervision by the District or the Engineers, and attorneys’ fees and costs incurred by the District as a result thereof.

Appears in 2 contracts

Samples: Developer Extension Agreement, Developer Extension Agreement

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DEFECTIVE WORK AND CORRECTIVE ACTION. Work which is found by the District not to comply with the Plans plans and Specifications specifications shall be remedied so as to comply therewith. The Developer shall correct or replace any defective work or material discovered by the District within two (2) years after the Work work has been accepted by the District (Maintenance Period)District. Such correction or replacement shall commence within seven days from the time of Developer’s receipt of notice from the District of defective work or materials and shall be completed within a reasonable time as determined by the Districtpromptly. If not so commenced, or, in an emergency, when damage may result from delay, such correction or replacement may be made by the District at the expense of the Developer/Contractor. The Developer shall reimburse the District, District upon demand, for any expense (s) resulting from defects which appear within two years after acceptance of the Work Developer’s work, including actual damages, cost of materials and labor expended by the District in making emergency repairs, cost of engineering, inspection inspection, 20 percent overhead, and supervision by the District or the Engineers, and attorneys’ fees attorney’s fees, and costs incurred by the District as a result thereof.

Appears in 2 contracts

Samples: Developer Extension Agreement, Developer Extension Agreement

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