Common use of Defective Work Clause in Contracts

Defective Work. 11.1 The CITY ENGINEER shall have the authority to reject or disapprove work which he finds to be defective. The CONTRACTOR shall promptly either, as directed, correct all defective work or remove it from the site and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 11.2 If, within one year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITY, after receipt of written notice from the CITY to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY to final acceptance.

Appears in 7 contracts

Samples: Construction Contract, Invitation to Bid, Invitation to Bid

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Defective Work. 11.1 The CITY ENGINEER 12.1 NMCRA shall have the authority to reject or disapprove work which he it finds to be defective. The CONTRACTOR Contractor shall promptly either, as directed, correct all defective work or remove it from the site and replace it with nondefective non-defective work. CONTRACTOR Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 11.2 12.2 If, within one year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR Contractor shall correct it promptly without cost to the CITYNMCRA, after receipt of written notice from the CITY NMCRA to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR Contractor might have under the Contract Documents. 11.3 12.3 Should the CONTRACTOR Contractor fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract Documents with the time indicated in writing, the CITY NMCRA shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S Contractor’s expense. Any expense incurred by the CITY NMCRA in which the CONTRACTOR Contractor has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTORContractor, or may be charged against the Payment and Performance and Payment Bond. Continue Continued failure or refusal on the part of the CONTRACTOR Contractor to make any or all necessary repairs promptly, fully, and to declare the Contract this Agreement forfeited, in which case the CITY NMCRA at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR Contractor and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Payment and Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR Contractor in any way from his responsibility for the work performed by him. 11.4 12.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY City to final acceptance.

Appears in 4 contracts

Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement

Defective Work. 11.1 The CITY ENGINEER shall have the authority to reject or disapprove work which he finds to be defective. The CONTRACTOR shall promptly either, as directed, correct all defective work or remove it from the site and replace it with nondefective non-defective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 11.2 If, within one year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITY, after receipt of written notice from the CITY to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY to final acceptance.

Appears in 2 contracts

Samples: Invitation to Bid, Invitation to Bid

Defective Work. 11.1 24.1 The CITY ENGINEER Project Manager shall have the authority to reject or disapprove work which he for the Project that the Project Manager finds to be defective. The CONTRACTOR If required by the Project Manager, the Contractor shall promptly eitherpromptly, as directed, correct all defective work or remove it from the Project site and replace it with nondefective non-defective work. CONTRACTOR The Contractor shall bear all direct, indirect indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnelcorrection. 11.2 If, 24.2 If within one (1) year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR Contractor shall correct it promptly without cost to the CITYCity, after receipt of written notice from the CITY City to do so, unless the City has given the Contractor a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which that the CONTRACTOR Contractor might have under the Contract Documents, including Article 21 hereof, or applicable state law. 11.3 24.3 Should the CONTRACTOR Contractor fail or refuse to remove or correct any defective work performed for the Project, or to make any necessary repairs in an acceptable manner, manner and in accordance with the requirements of the Contract with this Agreement within the time indicated in writing, the CITY City shall have the authority to cause the unacceptable or defective work to be removed or renewedcorrected, or make such repairs as may be necessary to be made at the CONTRACTOR'S Contractor’s expense. Any expense incurred by the CITY City in which making these removals, corrections, or repairs that the CONTRACTOR Contractor has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTORContractor, or may be charged against the Performance and Payment Bondbond or guaranty. Continue Continued failure or refusal on the part of the CONTRACTOR Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City to declare the Contract this Agreement forfeited, in which case the CITY City, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm Contractor, or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR Contractor, and the amount thereof deducted from any monies due, or which may become due to himthe Contractor, or shall be charged against the Performance and Payment Bondbond or guaranty. Any special work performed, as described herein, shall not relieve the CONTRACTOR Contractor in any way from his its responsibility for the work performed by himit. 11.4 24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, discovered or obligate the CITY City to final acceptance.

Appears in 2 contracts

Samples: Construction Services Agreement, Construction Agreement

Defective Work. 11.1 14.1 The CITY ENGINEER CPM shall have the responsibility and authority to reject or disapprove work which he the CPM finds to be defective. The CONTRACTOR If required by CA, in consultation with the CPM, the DBT shall promptly either, as directed, either correct all defective work or remove it from the site such defective or nonconforming work and replace it with nondefective worknon-defective, conforming Work. CONTRACTOR The DBT shall bear pay all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel, at no additional cost to the COUNTY. 11.2 14.2 Should the DBT fail or refuse to remove or correct any defective Work, or to make any necessary repairs in accordance with the requirements of the Contract Documents, within the time indicated in writing by CA, the CA shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at the DBT’s expense. Any expense incurred by CA in connection with such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to the DBT and deducted from the cost of the work, or may be covered by the DBT's Performance Bond. In the event of failure of the DBT to make all necessary repairs promptly and fully, CA may declare a default. 14.3 If, within one year the period of time referenced in Article 13, “DBT’s Warranties”, after substantial the date of Substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee warranty required by the Contract Documents or by any specific provision of the Contract Documents, any of the work Work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITYDBT, after receipt of written notice from CA, shall promptly correct such defective or nonconforming Work within the CITY time specified by COUNTY at no additional cost to do soCOUNTY. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR DBT might have under the Contract DocumentsDocuments including but not limited to, Article 13, “DBT’s Warranties”, herein and any claim regarding latent defects. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 14.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY COUNTY to final acceptance. 14.5 The DBT shall (i) replace any part of the Work that fails to conform with the requirements of this Agreement that appear during progress of the Work on the Project; (ii) remedy any defects in the Work due to faulty materials or workmanship which appear within the period expressed in Article 13, “DBT’s Warranties”, or within such longer period of time as may be set forth in the Contract Documents or as may be allowed by law; or (iii) replace, repair or restore any parts of the Project or fixtures, equipment or other items placed therein (whether by the COUNTY or any other party) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Agreement or are due to defects in the Work. The provisions of this Article 14, “Defective Work”, shall not apply to corrective Work attributable solely to the acts or omissions of any separate contractor or subconsultant/subcontractor of the COUNTY unless the contractor is acting in such capacity or capacities. The cost to the DBT of performing any of its obligations under this Article 14, “Defective Work”, shall be at no additional cost to the COUNTY. The DBT’s responsibility to make repairs and correct Work under this Article 14, “Defective Work”, is in addition to the DBT's responsibility to the COUNTY for any other damages of any kind for which the DBT would be legally responsible. 14.5.1 The DBT shall collect and transmit to the CPM any and all equipment manufacturer’s warranties and manufacturer’s guarantees specified in the Contract Documents as a precondition of achieving Substantial Completion. The obligation and liability of the DBT or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the CPM. 14.6 If the CA deems it inexpedient to require the correction of work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Lump Sum Amount shall be made. Until such settlement, the CA may withhold such sums as the CA deems just and reasonable from moneys, if any, due the DBT. If no moneys are held by the CA, reimbursement shall be made to the COUNTY within thirty (30) days by the DBT.

Appears in 1 contract

Samples: Design Build Agreement

Defective Work. 11.1 20.1 The CITY ENGINEER PROJECT MANAGER shall have the authority to reject or disapprove work which he the Project Manager finds to be defective. The CONTRACTOR If required by the PROJECT MANAGER, Construction Manager shall promptly either, as directed, either correct all defective work or remove it from the site such defective work and replace it with nondefective proper, conforming work. CONTRACTOR Construction Manager shall bear pay all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Such costs shall be included in the GMP. 11.2 20.2 Should Construction Manager fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the PROJECT MANAGER, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Construction Manager's expense. Any expense incurred by CITY in making such removals, corrections or repairs shall be paid for out of any monies due or which may become due to Construction Manager and deducted from the GMP, or may be charged against the Performance Bond. In the event of failure of Construction Manager to make all necessary repairs promptly and fully, CITY may declare a default. 20.3 If, within one (1) year after substantial the date of final completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee warranty required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITYConstruction Manager, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming work within the specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation obligation, which the CONTRACTOR Construction Manager might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 20.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY to final acceptance. 20.5 The Construction Manager shall (I) replace any part of the work that fails to conform with the requirements of this Contract that appear during progress of the work on the Project; (II) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of one (1) year from the time of Final Completion of the Work or portions thereof hereunder or within such longer period of time as may be set forth in the Contract Documents or as may be required by law; and (III) replace, repair or restore any parts of the Project or furniture, fixtures, equipment or other items placed therein (whether by the CITY or any other part) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Contract or are due to defects in the Work. The provisions of this Article shall not apply to corrective work attributable solely to the acts or omissions of any separate contractor or subcontractor of the CITY unless the Construction Manager is acting in such capacity or capacities. The cost of the Construction Manager of performing any of its obligations under Article 5 shall be within the Guaranteed Maximum Price. The Construction Manager's responsibility to make repairs and redo work under this Article 20 is in addition to the Construction Manager's responsibility to the CITY for any other damages of any kind for which the Construction Manager would be legally responsible. 20.6 If the CITY and the Construction Manager deem it inexpedient to require the correction of work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Contract Price and the Guaranteed Maximum Price shall be made by agreement between the Construction Manager and the CITY. Until such settlement, the CITY may withhold such sums as the CITY deems just and reasonable from monies, if any, due the Construction Manager. If no monies are held by the CITY, reimbursement shall be made to the CITY within thirty (30) days by the Construction Manager. 20.7 The Construction Manager's express warranty herein shall be in addition to, and not in lieu of, any other warranties or remedies the CITY may have under this Contract, at law, or in equity for defective Work.

Appears in 1 contract

Samples: Construction Services Agreement

Defective Work. 11.1 The CITY ENGINEER 23.1 PMO, CPM or Consultant shall have the authority to reject or disapprove work which he PMO, CPM or Consultant finds to be defective. Upon notice of defective Work, CPM or Consultant, through the CPM shall issue a non-conformance report. The CONTRACTOR shall promptly either, as directed, either correct all defective work or remove it from the site such defective work and replace it with nondefective non-defective work. Said work requires the prior approval of the CA. CONTRACTOR shall bear pay all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. All such costs shall be included in the GMP. 11.2 23.2 Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CPM, CA shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR’s expense. Any expense incurred by COUNTY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR and deducted from the GMP by a deduction Change Order, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CA may declare a default. 23.3 If, within one (1) year after substantial completion the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee warranty required by the Contract Documents or by any specific provision of the Contract Documents, any of the work Work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITYCONTRACTOR, after receipt of written notice from CA , shall promptly correct such defective or nonconforming Work within the CITY time specified by CA without cost to COUNTY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR might have under the Contract DocumentsDocuments including but not limited to, Article 22 herein and any claim regarding latent defects. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 23.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate COUNTY to Final Completion. 23.5 The CONTRACTOR shall, to the CITY CA’s satisfaction, (i) replace any part of the Work that fails to final acceptanceconform with the requirements of this Agreement that appear during progress of the Work on the Project; or (ii) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of one (1) year from the time of Substantial Completion of the Work or portions thereof hereunder or within such longer period of time as may be set forth in the Contract Documents or as may be required by law; or (iii) replace, repair or restore any parts of the Project or furniture, fixtures, equipment or other items placed therein (whether by the COUNTY or any other party) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Agreement or are due to defects in the Work. The provisions of this Article 23 shall not apply to corrective work attributable solely to the acts of omissions of any separate contractor or Subcontractor of the COUNTY unless the CONTRACTOR is acting in such capacity or capacities. The cost to the CONTRACTOR of performing any of its obligations under this Article 23 shall be within the GMP. The CONTRACTOR’s responsibility to make repairs and redo work under this Article 23, is in addition to the CONTRACTOR's responsibility to the COUNTY for any other damages of any kind for which the CONTRACTOR would be legally responsible. 23.6 If the CA and the CONTRACTOR deem it inexpedient to require the correction of work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Contract Price and the GMP shall be made by agreement between the CONTRACTOR and the CA, or COUNTY as appropriate Until such settlement, the CA may withhold such sums as the CA deems just and reasonable from monies, if any, due the CONTRACTOR. If no moneys are held by the COUNTY, reimbursement shall be made to the COUNTY within thirty (30) calendar days by the CONTRACTOR. 23.7 The CONTRACTOR’s express warranty herein shall be in addition to, and not in lieu of, any other warranties or remedies the COUNTY may have under this Agreement, at law, or in equity for defective Work.

Appears in 1 contract

Samples: Construction Agreement

Defective Work. 11.1 24.1 The CITY ENGINEER Project Manager shall have the authority to reject or disapprove work which he for the Project that the Project Manager finds to be defective. The CONTRACTOR If required by the Project Manager, the Contractor shall promptly eitherpromptly, as directed, correct all defective work or remove it from the Project site and replace it with nondefective non- defective work. CONTRACTOR The Contractor shall bear all direct, indirect indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnelcorrection. 11.2 If, 24.2 If within one (1) year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR Contractor shall correct it promptly without cost to the CITYCity, after receipt of written notice from the CITY City to do so, unless the City has given the Contractor a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which that the CONTRACTOR Contractor might have under the Contract Documents, including Article 21 hereof, or applicable state law. 11.3 24.3 Should the CONTRACTOR Contractor fail or refuse to remove or correct any defective work performed for the Project, or to make any necessary repairs in an acceptable manner, manner and in accordance with the requirements of the Contract with this Agreement within the time indicated in writing, the CITY City shall have the authority to cause the unacceptable or defective work to be removed or renewedcorrected, or make such repairs as may be necessary to be made at the CONTRACTOR'S Contractor’s expense. Any expense incurred by the CITY City in which making these removals, corrections, or repairs that the CONTRACTOR Contractor has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTORContractor, or may be charged against the Performance and Payment Bondbond or guaranty. Continue Continued failure or refusal on the part of the CONTRACTOR Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City to declare the Contract this Agreement forfeited, in which case the CITY City, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm Contractor, or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR Contractor, and the amount thereof deducted from any monies due, or which may become due to himthe Contractor, or shall be charged against the Performance and Payment Bondbond or guaranty. Any special work performed, as described herein, shall not relieve the CONTRACTOR Contractor in any way from his its responsibility for the work performed by himit. 11.4 24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, discovered or obligate the CITY City to final acceptance.

Appears in 1 contract

Samples: Construction Agreement

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Defective Work. 11.1 20.1 The CITY ENGINEER PROJECT MANAGER shall have the authority to reject or disapprove work which he the Project Manager finds to be defective. The If required by the PROJECT MANAGER, CONTRACTOR shall promptly either, as directed, either correct all defective work or remove it from the site such defective work and replace it with nondefective proper, conforming work. CONTRACTOR shall bear pay all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Such costs shall be included in the GMP. 11.2 20.2 Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the PROJECT MANAGER, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs shall be paid for out of any monies due or which may become due to CONTRACTOR and deducted from the GMP, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare a default. 20.3 If, within one (1) year after substantial the date of final completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee warranty required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITYCONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming work within the specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation obligation, which the CONTRACTOR might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 20.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY to final acceptance. 20.5 The CONTRACTOR shall (I) replace any part of the work that fails to conform with the requirements of this Contract that appear during progress of the work on the Project; (II) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of one (1) year from the time of Final Completion of the Work or portions thereof hereunder or within such longer period of time as may be set forth in the Contract Documents or as may be required by law; and (III) replace, repair or restore any parts of the Project or furniture, fixtures, equipment or other items placed therein (whether by the CITY or any other part) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Contract or are due to defects in the Work. The provisions of this Article shall not apply to corrective work attributable solely to the acts or omissions of any separate contractor or subcontractor of the CITY unless the CONTRACTOR is acting in such capacity or capacities. The cost of the CONTRACTOR of performing any of its obligations under Article 5 shall be within the Guaranteed Maximum Price. The CONTRACTOR's responsibility to make repairs and redo work under this Article 20 is in addition to the CONTRACTOR's responsibility to the CITY for any other damages of any kind for which the CONTRACTOR would be legally responsible. 20.6 If the CITY and the CONTRACTOR deem it inexpedient to require the correction of work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Contract Price and the Guaranteed Maximum Price shall be made by agreement between the CONTRACTOR and the CITY. Until such settlement, the CITY may withhold such sums as the CITY deems just and reasonable from monies, if any, due the CONTRACTOR. If no monies are held by the CITY, reimbursement shall be made to the CITY within thirty (30) days by the CONTRACTOR. 20.7 The CONTRACTOR's express warranty herein shall be in addition to, and not in lieu of, any other warranties or remedies the CITY may have under this Contract, at law, or in equity for defective Work.

Appears in 1 contract

Samples: Construction Management at Risk Agreement

Defective Work. 11.1 The CITY ENGINEER Project Manager, or designee, shall have the authority to reject or disapprove work which he finds to be defective. The As directed, the CONTRACTOR shall promptly either, as directed, either correct all defective work or remove it from the site and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 11.2 If, within one year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITY, after receipt of written notice from the CITY to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which the CONTRACTOR might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue Continued failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and will cause the City to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or nor shall it obligate the CITY to final acceptance.

Appears in 1 contract

Samples: Invitation to Bid

Defective Work. 11.1 24.1 The CITY ENGINEER Project Manager shall have the authority to reject or disapprove work which he for the Project that the Project Manager finds to be defective. The CONTRACTOR If required by the Project Manager, the Contractor shall promptly eitherpromptly, as directed, correct all defective work or remove it from the Project site and replace it with nondefective non-defective work. CONTRACTOR The Contractor shall bear all direct, indirect indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnelcorrection. 11.2 If, 24.2 If within one (1) year after substantial completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR Contractor shall correct it promptly without cost to the CITYCity, after receipt of written notice from the CITY City to do so, unless the City has given the Contractor a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which that the CONTRACTOR Contractor might have under the Contract Documents, including Article 21 hereof, or applicable state law. 11.3 24.3 Should the CONTRACTOR Contractor fail or refuse to remove or correct any defective work performed for the Project, or to make any necessary repairs in an acceptable manner, manner and in accordance with the requirements of the Contract with this Agreement within the time indicated in writing, the CITY City shall have the authority to cause the unacceptable or defective work to be removed or renewedcorrected, or make such repairs as may be necessary to be made at the CONTRACTOR'S Contractor’s expense. Any expense incurred by the CITY City in which making these removals, corrections, or repairs that the CONTRACTOR Contractor has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTORContractor, or may be charged against the Performance and Payment Bondbond or guaranty. Continue Continued failure or refusal on the part of the CONTRACTOR Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City to declare the Contract this Agreement forfeited, in which case the CITY City, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm contractor, or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR Contractor, and the amount thereof deducted from any monies due, or which may become due to himthe Contractor, or shall be charged against the Performance and Payment Bondbond or guaranty. Any special work performed, as described herein, shall not relieve the CONTRACTOR Contractor in any way from his its responsibility for the work performed by himit. 11.4 24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, discovered or obligate the CITY City to final acceptance.

Appears in 1 contract

Samples: Agreement for Design and Construction

Defective Work. 11.1 24.1 The CITY ENGINEER Project Manager shall have the authority to reject or disapprove work which he for the Project that the Project Manager finds to be defective. The CONTRACTOR If required by the Project Manager, the Contractor shall promptly eitherpromptly, as directed, correct all defective work or remove it from the Project site and replace it with nondefective non- defective work. CONTRACTOR The Contractor shall bear all direct, indirect indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnelcorrection. 11.2 If, 24.2 If within one (1) year after substantial completion or such longer period of time as may be prescribed by the terms of Substantial Completion any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR Contractor shall correct it promptly without cost to the CITYCity, after receipt of written notice from the CITY City to do so, unless the City has given the Contractor a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which that the CONTRACTOR Contractor might have under the Contract Documents, including Article 21 hereof, or applicable state law. 11.3 24.3 Should the CONTRACTOR Contractor fail or refuse to remove or correct any defective work performed for the Project or fail to make any necessary repairs in an acceptable manner, manner and in accordance with the requirements of the Contract with this Agreement within the time indicated in writing, the CITY City shall have the authority to cause the unacceptable or defective work to be removed or renewed, corrected or make such repairs as may be necessary to be made at the CONTRACTOR'S Contractor’s expense. Any expense incurred by the CITY City in which making such removals, corrections, or repairs that the CONTRACTOR Contractor has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or Contractor and/or may be charged against the Performance and Payment Bondbond or surety. Continue Continued failure or refusal on the part of the CONTRACTOR Contractor to make any or all necessary repairs promptly, fully, and in a manner acceptable to the City shall be sufficient cause for the City to declare the Contract forfeitedContractor to be in default of the Agreement, in which case the CITY City, at its option, may purchase materials, tools, and equipment and may employ labor or may labor, contract with any other individual, firm contractor, or corporation, or may and/or proceed with its own forces to perform the work. All costs and expenses incurred thereby by the City shall be charged against the defaulting CONTRACTOR Contractor, and the amount thereof incurred shall be deducted from any monies due, due or which may become due to him, or the Contractor and/or shall be charged against the Performance and Payment Bondbond or surety. Any The performance of any special work performedwork, as described herein, shall not relieve serve to release the CONTRACTOR in any way Contractor from his responsibility for the work performed by himits obligations pursuant to this Agreement. 11.4 24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, discovered or obligate the CITY City to final acceptance.

Appears in 1 contract

Samples: Construction Contract

Defective Work. 11.1 The CITY ENGINEER 23.1 CONSULTANT shall have the authority to reject or disapprove work which he CONSULTANT finds to be defective. The If required by CONSULTANT, CONTRACTOR shall promptly either, as directed, either correct all defective work or remove it from the site such defective work and replace it with nondefective non-defective work. CONTRACTOR shall bear pay all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Such costs shall be included in the GMP. 11.2 23.2 Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs shall be paid for out of any monies due or which may become due to CONTRACTOR and deducted from the GMP, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare a default. 23.3 If, within one (1) year after substantial the date of final completion or such longer period of time as may be prescribed by the terms of any applicable special guarantee warranty required by the Contract Documents or by any specific provision of the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CONTRACTOR shall correct it promptly without cost to the CITYCONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation obligation, which the CONTRACTOR might have under the Contract Documents. 11.3 Should the CONTRACTOR fail or refuse to remove or correct any defective work performed or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of the Contract with the time indicated in writing, the CITY shall have the authority to cause the unacceptable or defective work to be removed or renewed, or make such repairs as may be necessary to be made at the CONTRACTOR'S expense. Any expense incurred by the CITY in which the CONTRACTOR has failed or refused to make shall be paid for out of any monies due or which may become due to the CONTRACTOR, or may be charged against the Performance and Payment Bond. Continue failure or refusal on the part of the CONTRACTOR to make any or all necessary repairs promptly, fully, and to declare the Contract forfeited, in which case the CITY at its option, may purchase materials, tools, and equipment and employ labor or may contract with other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting CONTRACTOR and the amount thereof deducted from any monies due, or which may become due to him, or shall be charged against the Performance and Payment Bond. Any special work performed, as described herein, shall not relieve the CONTRACTOR in any way from his responsibility for the work performed by him. 11.4 23.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the CITY to final acceptance. 23.5 The CONTRACTOR shall (I) replace any part of the work that fails to conform with the requirements of this Contract that appear during progress of the work on the Project; (II) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of twelve (12) months from the time of Final Completion of the Work or portions thereof hereunder or within such longer period of time as may be set forth in the Contract Documents or as may be required by law; and (III) replace, repair or restore any parts of the Project or furniture, fixtures, equipment or other items placed therein (whether by the CITY or any other part) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Contract or are due to defects in the Work. The provisions of this Article 23 shall not apply to corrective work attributable solely to the acts or omissions of any separate contractor or subcontractor of the CITY unless the CONTRACTOR is acting in such capacity or capacities. The cost of the CONTRACTOR in performing any of its obligations under this Article 23 shall be within the Guaranteed Maximum Price. The CONTRACTOR's responsibility to make repairs and redo work under this Article 23 is in addition to the CONTRACTOR's responsibility to the CITY for any other damages of any kind for which the CONTRACTOR would be legally responsible. 23.6 If the CITY and the CONTRACTOR deem it inexpedient to require the correction of work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Contract Price and the Guaranteed Maximum Price shall be made by agreement between the CONTRACTOR and the CITY. Until such settlement, the CITY may withhold such sums as the CITY deems just and reasonable from monies, if any, due the CONTRACTOR. If no monies are held by the CITY, reimbursement shall be made to the CITY within thirty (30) days by the CONTRACTOR. 23.7 The CONTRACTOR's express warranty herein shall be in addition to, and not in lieu of, any other warranties or remedies the CITY may have under this Contract, at law, or in equity for defective Work.

Appears in 1 contract

Samples: Construction Manager at Risk Agreement

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