DEFICIENT WORK. 9.1 If any services, equipment, materials or workmanship furnished by the Contractor is d ef ective or any aspect of performance of the Work is deficient, the County may in its sole discretion by notice:
9.1.1 Require the Contractor to promptly remedy the defect or deficiency;
9.1.2 Suspend or terminate any part of the Work;
9.1.3 Do both of the foregoing; or
9.1.4 Terminate the Contract. The cost to remedy such defects or deficiencies and any additional costs resulting therefrom shall be paid by the Contractor and may be retained by the County from any amount payable to the Contractor.
DEFICIENT WORK. 15.1 Any or all of the following, at Allegheny’s option, shall be deemed deficient Work hereunder: (i) any Work performed or equipment and/or materials furnished by Contractor or Subcontractors that does not conform with requirements as set forth in this Agreement, or (ii) Contractor has at any time failed to remedy any imperfections in the Work, or (iii) Contractor has failed to supply a sufficient number of properly skilled workmen or satisfactory equipment and/or materials, or (iv) Contractor, or any Subcontractor or Vendor, fails upon request to demonstrate financial ability to complete the Work in accordance with the terms of this Agreement, or (v) Contractor has failed to execute the Work with promptness and diligence satisfactory to Allegheny, or (vi) Contractor has failed to comply with any of the provisions of this Agreement. Upon receipt of notice from Allegheny that any such deficiency exists, Contractor shall promptly undertake and proceed with due diligence to remedy such deficiency to meet the requirements of the Job Specification or to the satisfaction of Allegheny.
15.2 For Contractor’s remediation pursuant to the foregoing Sub-Article, Allegheny shall pay Contractor in accordance with Exhibit A, costs incurred by Contractor in correcting deficiencies in the Work, except for: (i) amounts recoverable from Subcontractors, Vendors or others; and (ii) costs incurred as a result of Contractor’s failure to substantially meet or exceed the standards prevailing in the industry pertaining to such Work.
15.3 If Contractor does not within ten (10) days after receipt of such notice undertake and proceed with due diligence to remedy such deficiencies, Allegheny may declare Contractor in material breach of this Agreement, and by written notice setting forth the effective date of removal, may remove Contractor from all or any part of the Work and use or dispose of all materials, supplies, tools and equipment in connection therewith. Allegheny may then complete all or any part of the Work from which Contractor has been removed.
15.4 In the event that Allegheny does remove Contractor and take possession as aforesaid, then notwithstanding Article 11, Contractor shall only be entitled to payment for the part of the Work performed by it and acceptable to Allegheny under the terms and conditions of this Agreement up to the effective date of such removal, reduced by: (i) costs recoverable under Subcontractors’ or Vendors’ guarantees; (ii) costs recoverable under...
DEFICIENT WORK. All Work furnished under this Agreement is subject to inspection, clearance testing, and/or other review as determined by Customer, Insurer or Customer’s agent. If, in the opinion of the Customer, any of the Work is unreasonably delayed, executed carelessly or negligently, or in noncompliance with the requirements of all Applicable Laws, FEMA or Insurer’s requirements, or this Agreement, then Customer may notify Contractor in writing of such deficiencies or non-conforming Work. Contractor shall promptly correct or re-perform nonconforming services at the Customer's request at no additional charge. If Contractor fails to correct or submit a corrective plan of action within five (5) calendar days from the delivery of notice and correct the deficiencies noted to the satisfaction of the Customer within a reasonable time, then Contractor shall be in default of this Agreement, and Contractor shall, upon demand of the Customer, discontinue the Work in accordance with Customer’s written instructions, and Customer shall be relieved of all responsibility to pay for non-conforming Work.
DEFICIENT WORK. The Architect shall notify Owner if the Architect becomes aware that the work of the Construction Manager acting as Constructor is not being performed in accordance with the requirements of the Contract Documents. As appropriate, the Architect shall have authority, with written authorization from the Owner, to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is covered, installed or completed. The Architect shall review any and all test reports and notify the Owner and the Construction Manager, as appropriate, of deficiencies in the Work of which Architect becomes aware and shall make recommendations to Owner with respect thereto. With the written authorization of Owner, the Architect may reject work which does not conform to the requirements of the Project Construction Contract or Contract Documents.
DEFICIENT WORK a. Vendor shall, at no additional cost to the Board, timely re-execute any Custodial Services found to be deficient by the Board in its reasonable determination. Acceptance of workmanship is based on cleanliness standards and guidelines of APPA, along with internal quality inspection guidelines and requirements. Unacceptable work will not include conditions that are outside the control of the vendor.
