Common use of Defective work, default and breach of Contract Clause in Contracts

Defective work, default and breach of Contract. 27.1.1. The Principal‟s Representative or the Project Manager may reject any work or materials not in accordance with this Contract. 27.1.2. If, before the issue of a Certificate of Practical Completion, the Principal‟s Representative or the Project Manager notifies the Contractor: a. that any work performed or material used is defective or does not conform to the Contractor Documents; and b. that the Contractor has failed to remedy any defect in the Works, the Contractor shall be bound to forthwith remedy any such default. 27.1.3. If the Contractor fails to remedy any default as described in clause 27.1.2, the Principal may employ or pay other persons to remedy the default and complete the Works as it considers necessary without prejudice to any other rights or remedies the Principal may have against the Contractor. 27.1.4. If the Principal does employ or pay such other persons to remedy the default and complete the Works, the Contractor's engagement under this Contract is terminated and the Principal may cause the Contractor and its equipment and other goods to be removed from the Site. 27.1.5. All costs and charges incurred as a result of, or incidental to, such new appointment and the Works to be carried out thereunder may be deducted from moneys otherwise due to the Contractor. 27.1.6. Where such costs and charges exceed the amount due to the Contractor, the balance shall become a debt due to the Principal from the Contractor. 27.1.7. If, during the term of this Contract, the Contractor becomes subject to a form of external administration under Chapter 5 of the Corporations Xxx 0000 (Cth): a. the Principal may immediately terminate this Contract and engage another contractor to complete the Works; b. the Principal shall be under no liability to make any further payment to the Contractor and may prove in any liquidation for any loss and damage consequent upon the engagement of another contractor; and c. ownership of the Contractor's materials on the Site shall vest in the Principal who may deal with them as it sees fit. 27.1.8. In the event of the termination of this Contract by the Principal pursuant to this clause, the Contractor shall have no further rights or claims against the Principal under or by virtue of this Contract.

Defective work, default and breach of Contract. 27.1.128.1.1. The Principal‟s Representative or the Project Manager may reject any work or materials not in accordance with this Contract. 27.1.228.1.2. If, before the issue of a Certificate of Practical Completion, the Principal‟s Representative or the Project Manager notifies the Contractor: a. that any work performed or material used is defective or does not conform to the Contractor Documents; and b. that the Contractor has failed to remedy any defect in the Works, the Contractor shall be bound to forthwith remedy any such default. 27.1.328.1.3. If the Contractor fails to remedy any default as described in clause 27.1.228.1.2, the Principal may employ or pay other persons to remedy the default and complete the Works as it considers necessary without prejudice to any other rights or remedies the Principal may have against the Contractor. 27.1.428.1.4. If the Principal does employ or pay such other persons to remedy the default and complete the Works, the Contractor's engagement under this Contract is terminated and the Principal may cause the Contractor and its equipment and other goods to be removed from the Site. 27.1.528.1.5. All costs and charges incurred as a result of, or incidental to, such new appointment and the Works to be carried out thereunder may be deducted from moneys otherwise due to the Contractor. 27.1.628.1.6. Where such costs and charges exceed the amount due to the Contractor, the balance shall become a debt due to the Principal from the Contractor. 27.1.728.1.7. If, during the term of this Contract, the Contractor becomes subject to a form of external administration under Chapter 5 of the Corporations Xxx 0000 (Cth): a. the Principal may immediately terminate this Contract and engage another contractor to complete the Works; b. the Principal shall be under no liability to make any further payment to the Contractor and may prove in any liquidation for any loss and damage consequent upon the engagement of another contractor; and c. ownership of the Contractor's materials on the Site shall vest in the Principal who may deal with them as it sees fit. 27.1.828.1.8. In the event of the termination of this Contract by the Principal pursuant to this clause, the Contractor shall have no further rights or claims against the Principal under or by virtue of this Contract.

Defective work, default and breach of Contract. 27.1.128.1.1. The Principal‟s Principal’s Representative or the Project Manager may reject any work or materials not in accordance with this Contract. 27.1.228.1.2. If, before the issue of a Certificate of Practical Completion, the Principal‟s Principal’s Representative or the Project Manager notifies the Contractor:Contractor:‌ a. that any work performed or material used is defective or does not conform to the Contractor Documents; and b. that the Contractor has failed to remedy any defect in the Works, the Contractor shall be bound to forthwith remedy any such default. 27.1.328.1.3. If the Contractor fails to remedy any default as described in clause 27.1.228.1.2, the Principal may employ or pay other persons to remedy the default and complete the Works as it considers necessary without prejudice to any other rights or remedies the Principal may have against the Contractor. 27.1.428.1.4. If the Principal does employ or pay such other persons to remedy the default and complete the Works, the Contractor's engagement under this Contract is terminated and the Principal may cause the Contractor and its equipment and other goods to be removed from the Site. 27.1.528.1.5. All costs and charges incurred as a result of, or incidental to, such new appointment and the Works to be carried out thereunder may be deducted from moneys otherwise due to the Contractor. 27.1.628.1.6. Where such costs and charges exceed the amount due to the Contractor, the balance shall become a debt due to the Principal from the Contractor. 27.1.728.1.7. If, during the term of this Contract, the Contractor becomes subject to a form of external administration under Chapter 5 of the Corporations Xxx 0000 Act 2001 (Cth): a. the Principal may immediately terminate this Contract and engage another contractor to complete the Works; b. the Principal shall be under no liability to make any further payment to the Contractor and may prove in any liquidation for any loss and damage consequent upon the engagement of another contractor; and c. ownership of the Contractor's materials on the Site shall vest in the Principal who may deal with them as it sees fit. 27.1.828.1.8. In the event of the termination of this Contract by the Principal pursuant to this clause, the Contractor shall have no further rights or claims against the Principal under or by virtue of this Contract.

Defective work, default and breach of Contract. 27.1.128.1.1. The Principal‟s Principal’s Representative or the Project Manager may reject any work or materials not in accordance with this Contract. 27.1.228.1.2. If, before the issue of a Certificate of Practical Completion, the Principal‟s Principal’s Representative or the Project Manager notifies the Contractor: a. that any work performed or material used is defective or does not conform to the Contractor Documents; and b. that the Contractor has failed to remedy any defect in the Works, the Contractor shall be bound to forthwith remedy any such default. 27.1.328.1.3. If the Contractor fails to remedy any default as described in clause 27.1.228.1.2, the Principal may employ or pay other persons to remedy the default and complete the Works as it considers necessary without prejudice to any other rights or remedies the Principal may have against the Contractor. 27.1.428.1.4. If the Principal does employ or pay such other persons to remedy the default and complete the Works, the Contractor's engagement under this Contract is terminated and the Principal may cause the Contractor and its equipment and other goods to be removed from the Site. 27.1.528.1.5. All costs and charges incurred as a result of, or incidental to, such new appointment and the Works to be carried out thereunder may be deducted from moneys otherwise due to the Contractor. 27.1.628.1.6. Where such costs and charges exceed the amount due to the Contractor, the balance shall become a debt due to the Principal from the Contractor. 27.1.728.1.7. If, during the term of this Contract, the Contractor becomes subject to a form of external administration under Chapter 5 of the Corporations Xxx 0000 (Cth): a. the Principal may immediately terminate this Contract and engage another contractor to complete the Works; b. the Principal shall be under no liability to make any further payment to the Contractor and may prove in any liquidation for any loss and damage consequent upon the engagement of another contractor; and c. ownership of the Contractor's materials on the Site shall vest in the Principal who may deal with them as it sees fit. 27.1.828.1.8. In the event of the termination of this Contract by the Principal pursuant to this clause, the Contractor shall have no further rights or claims against the Principal under or by virtue of this Contract.