Common use of Defective Works Clause in Contracts

Defective Works. (a) Prior to Substantial Completion: (i) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect shall be at Project Co’s expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC is determined to adversely affect the day to day operation of the CTC. (ii) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iii) If in the opinion of the Independent Certifier it is not expedient to correct Construction Defects, the CTC may deduct from the amount of the Guaranteed Price the difference in value between the Work as performed and that called for by the Project Agreement. If the CTC and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Substantial Completion: (ia) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility Expansion Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s Co’s‌ sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Baseline Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (iib) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iiic) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Substantial Completion: (i) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (ii) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iii) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Substantial Completion: (i) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Project Works ScheduleSchedules, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (ii) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iii) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Substantial CompletionCompletion in respect of the Works (other than the Remaining Works), and prior to Final Completion in respect of the Remaining Works: (i) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (ii) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iii) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Substantial Completion: (ia) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) Defect whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In- Contract Equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC is SMH are determined to adversely affect the day to day operation of the CTCSMH. (iib) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iiic) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction DefectsDefect, the CTC SMH may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC SMH and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) Prior to Interim Completion in respect of the TRBC Facility and prior Substantial CompletionCompletion in respect of the BCA Facility: (ia) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or Category 1 FF&E or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (iib) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iiic) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination adjudication and the determination will may be issued given effect as a Variation.

Defective Works. (a) ‌ Prior to Substantial Completion: (ia) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not not‌ such Construction Defect has been incorporated in into the Facility Expansion Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (iib) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iiic) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.

Defective Works. (a) ‌ Prior to Substantial Completion: (ia) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction correction‌ of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTCContracting Authority. (iib) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iiic) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination adjudication and the determination will may be issued given effect as a Variation.

Defective Works. (a) Prior to Substantial Completion: (i) : Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the CTC Contracting Authority is determined to adversely affect the day to day operation of the CTC. (ii) Contracting Authority. Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. (iii) . If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, the CTC Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Work Works as performed and that called for by the Project Agreement. If the CTC Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.