Common use of DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK Clause in Contracts

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the Owner, such work shall be uncovered and displayed for the Owner's inspection upon request, and shall be reworked at no cost in time or money to the Owner; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the Owner, be uncovered and displayed for the Owner's inspection. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the Owner. (E) The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) A. In the event that the Contractor covers, conceals conceals, or obscures its work performed in violation of this the Contract Documents or in violation of a directive from the OwnerOwner or the Design Professional, such work shall be uncovered and displayed for the Owner's ’s or Design Professional’s inspection upon request, request and shall be reworked at no cost in time or money to the Owner; (B) B. If any of the work is covered, concealed concealed, or obscured in a manner not covered by Subparagraph 16(A) Section XVI.A above, it shall, shall if directed by the Owner, Owner or the Design Professional be uncovered and displayed for the Owner's ’s or Design Professional’s inspection. If the uncovered work conforms strictly to this Contractwith the Contract Documents, the costs incurred by the Contractor to uncover and subsequently, subsequently replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) C. The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Design Professional as defective or failing to conform to this Contractthe Contract Documents. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) D. In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion Final Completion upon written direction from the Owner.. The Contractor shall schedule, coordinate and participate walk-through inspection of the Work three (3) months prior to the expiration of the one-year correction period, and shall notify the Owner and any necessary subcontractors and suppliers of the date of, and request their participation in, the walk- through inspection. The purpose of the walk-through inspection will be to determine if there are defects or failures, which require correction. The warranties and guarantees set forth in this Article shall be in addition to all other warranties, express, implied or statutory, and shall survive the Owner’s payment, acceptance, inspection of or failure to inspect the Work and review of the Construction Documents; (E) E. The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and work or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In § 2.11.1 If the event that the Contractor CM/GC covers, conceals conceals, or obscures its work Work in violation of this Contract or in violation of a directive or request from the Owner, such work Work shall be uncovered and displayed for the Owner's ’s inspection upon request, request and shall be reworked at no cost in time or money to the Owner;. (B) § 2.11.2 If any of the work Work is covered, concealed concealed, or obscured in a manner not covered addressed by Subparagraph 16(A) aboveSection 2.11.1, it shall, if directed by the Owner, Owner to be uncovered and displayed for the Owner's ’s inspection. If the uncovered work Work conforms strictly to reasonably with this Contract, the costs incurred by the Contractor CM/GC to uncover and subsequently, subsequently replace such work Work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor;CM/GC. (C) § 2.11.3 The Contractor CM/GC shall, at no cost in time or money to the Owner, promptly correct work Work (fabricated, installed or completed) rejected by the Owner Design Professional as defective or failing that fails to conform to this ContractContract whether discovered before or after Substantial Completion. Additionally, the Contractor CM/GC shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof;. (D) § 2.11.4 In addition to its any other warranty obligations set forth elsewhere hereinin this Contract, the Contractor CM/GC shall be specifically obligated to correct correct, upon written direction from the Design Professional, any and all defective or nonconforming work Work for a period of twelve (12) months following final completion upon written direction from the OwnerSubstantial Completion. (E) § 2.11.5 The Owner Design Professional may, but shall in no event not be required to, choose to accept defective or nonconforming workWork. In such event, the Contract Price Amount shall be reduced by the greater of lesser of: (1i) the reasonable costs of removing and correcting the defective or nonconforming work, and Work; or (2ii) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming workWork.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the OwnerOwner or the Engineer, such work shall be uncovered and displayed for the Owner's or Engineer's inspection upon request, and shall be reworked at no cost in time or money to the Owner; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the Owner, Owner or the Engineer be uncovered and displayed for the Owner's or Engineer's inspection. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Engineer as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the Owner. (E) The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the OwnerOwner or the Project Manager, such work shall be uncovered and displayed for the Owner's or Project Manager's inspection upon request, and shall be reworked at no cost in time or money to the Owner; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the Owner, Owner or the Project Manager be uncovered and displayed for the Owner's or Project Manager's inspection. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Project Manager as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve TWO (122) months years following final completion upon written direction from the Owner. (E) The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the OwnerOwner or the Architect, such work shall be uncovered and displayed for the Owner's or Architect's inspection upon request, and shall be reworked at no cost in time or money to the Owner; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the Owner, Owner or the Architect be uncovered and displayed for the Owner's or Architect's inspection. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Architect as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the Owner. (E) The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor CONTRACTOR covers, conceals conceals, or obscures its work in violation of this Contract or in violation of a directive from the OwnerMETRO, such work shall be uncovered and displayed for the OwnerMETRO's inspection upon request, request and shall be reworked at no cost in time or money to the Owner; (B) METRO. - If any of the work is covered, concealed concealed, or obscured in a manner not covered by Subparagraph 16(A) abovethe preceding paragraph, it shall, if directed by the OwnerMETRO, be uncovered and displayed for the Owner's inspectionMETRO. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor CONTRACTOR to uncover and subsequently, subsequently replace such work work, shall be borne by the OwnerMETRO. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor CONTRACTOR. - CONTRACTOR shall, at no cost in time or money to the OwnerMETRO, correct work rejected by the Owner METRO as defective or failing to conform to this Contract. Additionally, the Contractor CONTRACTOR shall reimburse the Owner METRO for all testing, inspections inspections, and other expenses expense incurred as a result thereof; (D) . - In addition to its warranty obligations set forth elsewhere herein, the Contractor CONTRACTOR shall be specifically obligated to correct any and all defective or nonconforming work without additional compensation for a period of twelve (12) months following final completion upon written direction notice from the Owner. (E) The Owner METRO. - METRO may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price contract price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project project as constructed and the fair market value of the Project project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Pricecontract price, if any, is insufficient to compensate the Owner METRO for the acceptance of the defective or nonconforming work, the Contractor CONTRACTOR shall, upon written demand from the OwnerMETRO, pay the Owner METRO such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In § 2.11.1 If the event that the Contractor CM/GC covers, conceals or obscures its work Work in violation of this Contract or in violation of a directive or request from the Owner, such work Work shall be uncovered and displayed for the Owner's ’s inspection upon request, request and shall be reworked at no cost in time or money to the Owner;. (B) § 2.11.2 If any of the work Work is covered, concealed or obscured in a manner not covered addressed by Subparagraph 16(A) aboveSection 2.11.1, it shall, if directed by the Owner, Owner to be uncovered and displayed for the Owner's ’s inspection. If the uncovered work Work conforms strictly to reasonably with this Contract, the costs incurred by the Contractor CM/GC to uncover and subsequently, subsequently replace such work Work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor;CM/GC. (C) § 2.11.3 The Contractor CM/GC shall, at no cost in time or money to the Owner, promptly correct work Work (fabricated, installed or completed) rejected by the Owner Design Professional as defective or failing that fails to conform to this ContractContract whether discovered before or after Substantial Completion. Additionally, the Contractor CM/GC shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof;. (D) § 2.11.4 In addition to its any other warranty obligations set forth elsewhere hereinin this Contract, the Contractor CM/GC shall be specifically obligated to correct correct, upon written direction from the Design Professional, any and all defective or nonconforming work Work for a period of twelve (12) months following final completion upon written direction from the OwnerSubstantial Completion. (E) § 2.11.5 The Owner Design Professional may, but shall in no event not be required to, choose to accept defective or nonconforming workWork. In such event, the Contract Price Amount shall be reduced by the greater of lesser of: (1i) the reasonable costs of removing and correcting the defective or nonconforming work, and Work; or (2ii) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming workWork.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) A. In the event that the Contractor covers, conceals conceals, or obscures its work performed in violation of this the Contract Documents or in violation of a directive from the OwnerOwner or the Architect, such work shall be uncovered and displayed for the Owner's ’s or Architect’s inspection upon request, request and shall be reworked at no cost in time or money to the Owner; (B) B. If any of the work is covered, concealed concealed, or obscured in a manner not covered by Subparagraph 16(A) Section XVI.A above, it shall, shall if directed by the Owner, Owner or the Architect be uncovered and displayed for the Owner's ’s or Architect’s inspection. If the uncovered work conforms strictly to this Contractwith the Contract Documents, the costs incurred by the Contractor to uncover and subsequently, subsequently replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) C. The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Architect as defective or failing to conform to this Contractthe Contract Documents. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) D. In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion Final Completion upon written direction from the Owner.. The Contractor shall schedule, coordinate and participate walk-through inspection of the Work three (3) months prior to the expiration of the one-year correction period, and shall notify the Owner and any necessary subcontractors and suppliers of the date of, and request their participation in, the walk- through inspection. The purpose of the walk-through inspection will be to determine if there are defects or failures, which require correction. The warranties and guarantees set forth in this Article shall be in addition to all other warranties, express, implied or statutory, and shall survive the Owner’s payment, acceptance, inspection of or failure to inspect the Work and review of the Construction Documents; (E) E. The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and work or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the OwnerCity, such work shall be uncovered and displayed for the Owner's City’s inspection upon request, and shall be reworked at no cost in time or money to the OwnerCity; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A19(A) above, it shall, if directed by the OwnerCity, be uncovered and displayed for the Owner's City’s inspection. If the uncovered work conforms strictly to with this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the OwnerCity. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the OwnerCity, correct work rejected by the Owner City as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner City for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the OwnerCity. (E) The Owner City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the OwnerCity, pay the Owner City such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the OwnerOwner or the Manager, such work shall be uncovered and displayed for the Owner's or Manager's inspection upon request, and shall be reworked at no cost in time or money to the Owner; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the Owner, Owner or the Manager be uncovered and displayed for the Owner's or Manager's inspection. If the uncovered work conforms strictly to this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the Owner. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner or by the Manager as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the Owner. (E) The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming work.

DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK. (A) 23.1 In the event that the Contractor Construction Manager covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the Owner, such work shall be uncovered and displayed for the Owner's inspection upon request, and shall be reworked at no cost in time or money to the Owner;. (B) 23.2 If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) Article 23.01 above, it shall, if directed by the Owner, be uncovered and displayed for the Owner's inspection. If the uncovered work conforms strictly to substantially with this Contract, the costs incurred by the Contractor Construction Manager to uncover and subsequently, subsequently replace such work shall be borne by the Owner. Otherwise; otherwise, such costs shall be borne by the Contractor;Construction Manager. (C) 23.3 The Contractor Construction Manager shall, at no additional cost in time or money to the OwnerOwner or extension of time, correct work rejected by the Owner as defective or failing to conform to this Contract. Additionally, the Contractor Construction Manager shall reimburse the Owner for all testing, inspections and other expenses incurred as a result thereof;. (D) 23.4 In addition to its warranty obligations set forth elsewhere herein, the Contractor Construction Manager shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the Ownerdate of Owner Occupancy of the Project or a designated portion thereof. (E) 23.5 The Owner may, but shall in no event be required to, choose to accept defective or nonconforming work. . 23.6 In such event, the Contract Price shall be reduced reduced, at Owner’s option, by the greater of (1i) the reasonable costs of removing and correcting the defective or nonconforming work, and or (2ii) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. . 23.7 If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor Construction Manager shall, upon written demand from the Owner, pay the Owner owner such remaining compensation for accepting defective or nonconforming work.