Deficient and Non-Conforming Work Sample Clauses

Deficient and Non-Conforming Work. The Consultant will bring, to the attention of the Contractor and the City, any discovery or belief that any work by the Contractor is not in accordance with the Contract, is otherwise defective, is not conforming to requirements of the Contract, or does not conform to the applicable rules and regulations. The Consultant will thereupon monitor and document the Contractor’s corrective actions and shall advise the City as to the acceptability of the corrective actions.
Sample 1
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Deficient and Non-Conforming Work. The Authority shall not pay for incomplete or deficient Work or for Work placed on top of identified non-conforming Work, and shall not place Work in a manner that will conflict with the Contractor’s ability to repair or replace the identified non-conforming Work.  The Contractor shall notify the Authority when deficient Work is identified by submitting the relevant non-conformance report.  Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to the Authority. The Authority may review and issue an objection to either the corrective action plan in which case the contractor shall resubmit the plan to incorporate the comments.  The Contractor shall not place Work on top of identified non-conforming Work and shall not place Work in a manner that will conflict with the Contractor’s ability to repair or replace the identified non-conforming Work. In the event the Contractor chooses to place Work on identified non-conforming Work, the Authority shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract Documents.  The Authority may choose to conduct testing on a piece of Work that has been completed by the Contractor. Should the test results prove non-conformance then the Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, the Authority is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  The Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non-conformance.  The Authority may, in its sole discretion, accept nonconforming Work without requiring it to be fully corrected, in which case the Contract Price will be decreased accordingly.
Sample 1

Related to Deficient and Non-Conforming Work

  • Non-Conforming Work If the Owner (by way of BCI's or other Owner personnel or consultant) observes or otherwise becomes aware of any fault or defective Work in a project, or other non- conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project Consultant. However, whether the Owner observes a defect or not, it is the Project Consultant’s duty and responsibility to determine whether said Work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant shall advise the Owner in writing and make recommendations to the Owner concerning correction of the Work. The Owner may then require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work is defective, faulty or in compliance with the Contract Documents is to be determined by the Owner.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

  • Non-Conforming Measures 1. Articles 2, 3 and 6 shall not apply to:

  • Penalties for non-conformity of production 9.1. The approval granted in respect of a vehicle type pursuant to this Regulation may be withdrawn if the requirements set forth above are not met.

  • Final Notice of Non-Compliant Work The Final Notice of Non-Compliant Work issued as a result of the Inspection for Material Completion, also known as the Final Punch List. Upon the completion or correction of this Non- Compliant Work (“punch list” work) the Design Professional will issue the Final Certificate.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • Unavoidable Delay When construction is impeded as a result of strikes, lockouts, acts of God or other factors beyond the control, and ability to remedy, of the Developer.

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