Common use of Defective Work Clause in Contracts

Defective Work. 22.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build Firm's Defective Work. At the d i scretion of the County, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.121.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.221.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.321.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.421.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.521.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build Firm's Defective Work. At the d i scretion discr etion of the County, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.121.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.221.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.321.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.421.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.521.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build Firm's Defective Work. At the d i scretion of the County, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative Agreement shall be deemed Defective Work. “defective work.” If required by the County or County’s Representative, Design-Build Firm shall, as directed, Contractor shall either correct cure all Defective Workdefective work, whether or not fabricated, installed or completed, or or, if the Defective Work defective work has been rejected by the County or County’s Representative, remove it from the Site site and replace it with conforming Workit. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. If the County or County’s Representative consider considers it necessary or advisable that covered Work work be observed by County’s Representative County or inspected or tested by others, Design-Build FirmContractor, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work work in question, furnishing all necessary labor, material and equipment. If it is found that such Work work is Defectivedefective work, Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work work is not found to be Defectivedefective, Design-Build Firm Contractor shall be allowed an increase in the Contract Amount and/or an extension to of the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. If any portion of the Work work is Defectivedefective work, or Design-Build Firm Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will work to conform to the Contract Documentsrequirements of the Agreement, the County or County’s Representative may order Design-Build Firm Contractor to stop the Workwork, or any portion thereof, until the cause for such stop in the Work order has been eliminated; however, this right of the County and County’s Representative to stop the Work work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm Contractor or any other party. 22.4. Should the County determine, in at its sole opinion, that it is in the County's best interest to accept Defective Workdefective work, the County may do so. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Workdefective work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Workdefective work, incorporating the necessary revisions in the Contract Documents Agreement and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work defective work after final payment, Design-Build Firm Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.5defective work. If Design-Build Firm Contractor fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work defective work or to remove and replace rejected Defective Work defective work as required by County’s Representative or the County, or if Design-Build Firm Contractor fails to perform the Work work in accordance with the Contract DocumentsAgreement, or if Design-Build Firm Contractor fails to comply with any of the provisions of the Contract DocumentsAgreement, the County may, after seven (7) calendar days’ ' written notice to Design-Build FirmContractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm Contractor from any or all of the Project Sitesite, take possession of all or any part of the Workwork, and suspend Design- Build FirmContractor's services related thereto, take possession of Design-Build FirmContractor's tools, appliances, construction equipment and machinery at the Project Site site and incorporate in the Work work all materials and equipment stored at the Project Site site or for which the County has paid Design-Build Firm Contractor but which are stored elsewhere. Design-Build Firm Contractor shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site site as may be necessary to enable the County to exercise the rights and remedies under this paragraphSection. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build FirmContractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract DocumentsAgreement, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of or others destroyed or damaged by correction, removal or replacement of Design-Build FirmContractor's Defective Workdefective work. At the d i scretion of the County, Design-Build Firm may Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. A. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative Design Professional shall be deemed Defective defective Work. If required by the County or County’s RepresentativeDesign Professional, Design-Build Firm Contractor shall, as directed, either correct all Defective defective Work, whether or not fabricated, installed or completed, or if the Defective defective Work has been rejected by the County or County’s RepresentativeDesign Professional, remove it from the Site site and replace it with conforming Work. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. B. If the County or County’s Representative Design Professional consider it necessary or advisable that covered Work be observed by County’s Representative Design Professional or inspected or tested by others, Design-Build FirmContractor, at the County's or County’s RepresentativeDesign Professional's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defectivedefective, Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defectivedefective, Design-Build Firm Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. C. If any portion of the Work is Defectivedefective, or Design-Build Firm Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative Design Professional may order Design-Build Firm Contractor to stop the Work, or any portion thereof, until the cause for such stop in the Work work has been eliminated; however, this right of the County and County’s Representative Design Professional to stop the Work shall not give rise to any duty on the part of the County or County’s Representative Design Professional to exercise this right for the benefit of Design-Build Firm Contractor or any other party. 22.4. D. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective defective Work, the County may do so. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective defective Work after final payment, Design-Build Firm Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective defective Work. 22.5. E. If Design-Build Firm Contractor fails, within a reasonable time after the written notice from the County or County’s RepresentativeDesign Professional, to correct Defective defective Work or to remove and replace rejected Defective defective Work as required by County’s Representative Design Professional or the County, or if Design-Build Firm Contractor fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build FirmContractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm Contractor from any or all of the Project Sitesite, take possession of all or any part of the Work, and suspend Design- Build FirmContractor's services related thereto, take possession of Design-Build FirmContractor's tools, appliances, construction equipment and machinery at the Project Site site and incorporate in the Work all materials and equipment stored at the Project Site site or for which the County has paid Design-Build Firm Contractor but which are stored elsewhere. Design-Build Firm Contractor shall allow the County, County’s Representative Design Professional and their respective representatives, agents, and employees such access to the Project Site site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build FirmContractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build FirmContractor's Defective defective Work. At the d i scretion of the County, Design-Build Firm may Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. A. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective defective Work. If required by the County or County’s RepresentativeDesign Professional, Design-Build Firm Contractor shall, as directed, either correct all Defective defective Work, whether or not fabricated, installed or completed, or if the Defective defective Work has been rejected by the County or County’s RepresentativeDesign Professional, remove it from the Site site and replace it with conforming Work. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. B. If the County or County’s Representative Design Professional consider it necessary or advisable that covered Work be observed by County’s Representative Design Professional or inspected or tested by others, Design-Build FirmContractor, at the County's or County’s RepresentativeDesign Professional's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative Design Professional may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defectivedefective, Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defectivedefective, Design-Build Firm Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. C. If any portion of the Work is Defectivedefective, or Design-Build Firm Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative Design Professional may order Design-Build Firm Contractor to stop the Work, or any portion thereof, until the cause for such stop in the Work work has been eliminated; however, this right of the County and County’s Representative Design Professional to stop the Work shall not give rise to any duty on the part of the County or County’s Representative Design Professional to exercise this right for the benefit of Design-Build Firm Contractor or any other party. 22.4. D. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective defective Work, the County may do so. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective defective Work after final payment, Design-Build Firm Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective defective Work. 22.5. E. If Design-Build Firm Contractor fails, within a reasonable time after the written notice from the County or County’s RepresentativeDesign Professional, to correct Defective defective Work or to remove and replace rejected Defective defective Work as required by County’s Representative Design Professional or the County, or if Design-Build Firm Contractor fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ days written notice to Design-Build FirmContractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm Contractor from any or all of the Project Sitesite, take possession of all or any part of the Work, and suspend Design- Build FirmContractor's services related thereto, take possession of Design-Build FirmContractor's tools, appliances, construction equipment and machinery at the Project Site site and incorporate in the Work all materials and equipment stored at the Project Site site or for which the County has paid Design-Build Firm Contractor but which are stored elsewhere. Design-Build Firm Contractor shall allow the County, County’s Representative Design Professional and their respective representatives, agents, and employees such access to the Project Site site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build FirmContractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build FirmContractor's Defective defective Work. At the d i scretion of the County, Design-Build Firm may Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.123.1. Work not conforming to the requirements of the construction plans or Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective defective Work. If required by the County or County’s Representative, Design-Build Firm Contractor shall, as directed, either correct all Defective defective Work, whether or not fabricated, installed or completed, or or, if the Defective defective Work has been rejected by the County or County’s Representative, remove it from the Site site and replace it with conforming undefective Work. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.223.2. If the County or County’s Representative consider considers it necessary or advisable that covered Work be observed by County’s Representative County or inspected or tested by others, Design-Build FirmContractor, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defectivedefective, Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defectivedefective, Design-Build Firm Contractor shall be allowed an increase in the Contract Amount and/or an extension to of the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.323.3. If any portion of the Work is Defectivedefective, or Design-Build Firm Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm Contractor to stop the Work, or any portion thereof, until the cause for such stop in the Work order has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm Contractor or any other party. 22.423.4. Should the County determine, in at its sole opinion, that it is in the County's best interest to accept Defective defective Work, the County may do so. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective defective Work after final payment, Design-Build Firm Contractor shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective defective Work. 22.523.5. If Design-Build Firm Contractor fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective defective Work or to remove and replace rejected Defective defective Work as required by County’s Representative or the County, or if Design-Build Firm Contractor fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ ' written notice to Design-Build FirmContractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm Contractor from any or all of the Project Sitesite, take possession of all or any part of the Work, and suspend Design- Build FirmContractor's services related thereto, take possession possessions of Design-Build FirmContractor's tools, appliances, construction equipment and machinery at the Project Site site and incorporate in the Work all materials and equipment stored at the Project Site site or for which the County has paid Design-Build Firm Contractor but which are stored elsewhere. Design-Build Firm Contractor shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site site as may be necessary to enable the County to exercise the rights and remedies under this paragraphSubsection. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build FirmContractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of or others destroyed or damaged by correction, removal or replacement of Design-Build FirmContractor's Defective defective Work. At the d i scretion of the County, Design-Build Firm may Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build Firm's Defective Work. At the d i scretion discretion of the County, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. 24.1 Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective defective Work. If required by the County or County’s Representative, Design-Build Firm shall, Contractor shall as directed, either correct all Defective defective Work, whether or not fabricated, installed or completed, or or, if the Defective defective Work has been rejected by the County or County’s Representative, remove it from the Site site and replace it with conforming acceptable Work. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. 24.2 If the County or County’s Representative consider considers it necessary or advisable that covered Work be observed by County’s Representative County or inspected or tested by others, Design-Build FirmContractor, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defectivedefective, Design-Build Firm Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defectivedefective, Design-Build Firm Contractor shall be allowed an increase in the Contract Amount and/or an extension to of the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. 24.3 If any portion of the Work is Defectivedefective, or Design-Build Firm Contractor fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm Contractor to stop the Work, or any portion thereof, until the cause for such stop in the Work order has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm Contractor or any other party. 22.4. 24.4 Should the County determine, in at its sole opinion, that it is in the County's best interest to accept Defective defective Work, the County may do so. Design-Build Firm Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective defective Work after final payment, Design-Build Firm Contractor at the discretion of the County shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work.defective Work or shall increase 22.5. 24.5 If Design-Build Firm Contractor fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective defective Work or to remove and replace rejected Defective defective Work as required by County’s Representative or the County, or if Design-Build Firm Contractor fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm Contractor fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ ' written notice to Design-Build FirmContractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm Contractor from any or all of the Project Sitesite, take possession of all or any part of the Work, and suspend Design- Build FirmContractor's services related thereto, take possession possessions of Design-Build FirmContractor's tools, appliances, construction equipment and machinery at the Project Site site and incorporate in the Work all materials and equipment stored at the Project Site site or for which the County has paid Design-Build Firm Contractor but which are stored elsewhere. Design-Build Firm Contractor shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site site as may be necessary to enable the County to exercise the rights and remedies under this paragraphSubsection. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build FirmContractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of or others destroyed or damaged by correction, removal or replacement of Design-Build FirmContractor's Defective defective Work. At the d i scretion of the County, Design-Build Firm may Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) calendar days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Design-Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Design- Build Firm's Defective Work. At the d i scretion discretion of the CountyC ounty, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.

Defective Work. 22.1. Work not conforming to the requirements of the Contract Documents in the sole judgment of the County’s Representative shall be deemed Defective Work. If required by the County or County’s Representative, Design-Build Firm shall, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or if the Defective Work has been rejected by the County or County’s Representative, remove it from the Site and replace it with conforming Work. Design-Build Firm shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold the County harmless for same. 22.2. If the County or County’s Representative consider it necessary or advisable that covered Work be observed by County’s Representative or inspected or tested by others, Design-Build Firm, at the County's or County’s Representative's request, shall uncover, expose or otherwise make available for observation, inspection or tests as the County or County’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, Design-Build Firm shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be Defective, Design-Build Firm shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 22.3. If any portion of the Work is Defective, or Design-Build Firm fails to supply sufficient skilled workers with suitable materials or equipment, or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County or County’s Representative may order Design-Build Firm to stop the Work, or any portion thereof, until the cause for such stop in the Work has been eliminated; however, this right of the County and County’s Representative to stop the Work shall not give rise to any duty on the part of the County or County’s Representative to exercise this right for the benefit of Design-Build Firm or any other party. 22.4. Should the County determine, in its sole opinion, that it is in the County's best interest to accept Defective Work, the County may do so. Design-Build Firm shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept Defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such Defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the County accepts such Defective Work after final payment, Design-Build Firm shall promptly pay the County an appropriate amount to adequately compensate the County for its acceptance of the Defective Work. 22.5. If Design-Build Firm fails, within a reasonable time after the written notice from the County or County’s Representative, to correct Defective Work or to remove and replace rejected Defective Work as required by County’s Representative or the County, or if Design-Build Firm fails to perform the Work in accordance with the Contract Documents, or if Design-Build Firm fails to comply with any of the provisions of the Contract Documents, the County may, after seven (7) days’ written notice to Design-Build Firm, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, the County may exclude Design-Build Firm from any or all of the Project Site, take possession of all or any part of the Work, and suspend Design- Build Firm's services related thereto, take possession of Design-Build Firm's tools, appliances, construction equipment and machinery at the Project Site and incorporate in the Work all materials and equipment stored at the Project Site or for which the County has paid Design-Build Firm but which are stored elsewhere. Design-Build Firm shall allow the County, County’s Representative and their respective representatives, agents, and employees such access to the Project Site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies shall be charged against Design-Build Firm, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Design-Build Firm's Defective Work. At the d i scretion discr etion of the County, Design-Build Firm may not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the County of the County's rights and remedies hereunder.