Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance.
Appears in 8 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Defective. 1. The word “defective,” when When modifying the word “Work,” refers to Work work that is unsatisfactory, faulty, or deficient in that it:
a. deficient, or does not conform to the Contract Documents; or
b. Documents or does not meet the requirements of any applicable inspection, reference standard, test, test or approval referred to in the Contract Documents; or
c. , or has been damaged prior to Citythe Project Manager’s written acceptancerecommendation of final payment.
Appears in 7 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. it does not conform to the Contract Documents; or
b. Documents or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. , or has been damaged prior to CityENGINEER’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).
Appears in 6 contracts
Samples: Inspection and Service Contract, Maintenance Contract, Hvac and Temperature Control Inspections and Service Contract
Defective. 1. The word “defective,” when When modifying the word term “Work,” refers ”, referring to Work that is unsatisfactory, faultyfaulty or deficient, or deficient in that it:
a. does not conform to the Contract Documents; or
b. , or that does not meet the requirements of any applicable inspection, reference standard, test, test or approval referred to in the Contract Documents; or
c. , or that has been damaged prior to CityOwner’s written acceptanceapproval of final payment (unless responsibility for the protection thereof has been assumed by Owner).
Appears in 4 contracts
Samples: Construction Management Agreement, Construction Agreement, Construction Agreement
Defective. 1. The word “"defective,” " when modifying the word “"Work,” " refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. it does not conform to the Contract Documents; or
b. Documents or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. , or has been damaged prior to City’s written acceptanceArchitect's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with the terms of the Contract Documents).
Appears in 3 contracts
Samples: Construction Agreement, Construction Agreement, Design Bid Build Contractor Services
Defective. 1. The word “defective,” An adjective which, when modifying the word “Work,” , refers to Work that is unsatisfactory, faulty, or deficient deficient, in that it:
a. it does not conform to the Contract Documents; or
b. , or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. , or has been damaged prior to CityENGINEER’s written acceptancerecommendation of final payment.
Appears in 3 contracts
Samples: Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. it does not conform to the Contract Documents; or
b. Documents or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. , or has been damaged prior to CityARCHITECT’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).
Appears in 2 contracts
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. has been damaged prior to CityEngineer’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).
Appears in 1 contract
Samples: Basic Form Agreement
Defective. 1. The word “defective,” ”, when modifying the word “Work,” ”, refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or,
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; , or
c. has been damaged prior to CityENGINEER’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with Paragraph 14.04 or 14.05).
Appears in 1 contract
Samples: Construction Contract
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. has been damaged prior to CityEngineer’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).
Appears in 1 contract
Samples: Construction Contract
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; , or
c. has been damaged prior to City’s written acceptance.
Appears in 1 contract
Samples: Construction Contract
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
Appears in 1 contract
Samples: Fiber Network Coordination Agreement
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. 1. does not conform to the Contract Documents; or;
b. 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. 3. has been damaged prior to CityEngineer’s written acceptancerecommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).
Appears in 1 contract
Samples: Construction Contract
Defective. 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. 1. does not conform to the Contract Documents; or
b. 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
c. 3. has been damaged prior to CityOwner’s written acceptanceFinal Payment (unless responsibility for protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by an Owner Indemnitee.
Appears in 1 contract
Samples: Construction Management Agreement