Common use of Failure to Correct Non-conforming Work Clause in Contracts

Failure to Correct Non-conforming Work. If the Design/Builder fails to correct non-conforming Work within a reasonable time, the Owner may correct it in accordance with the terms of this Agreement. If the Design/Builder does not proceed with correction of such non- conforming Work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and store the salvable materials or equipment at the Design/Builder's expense. If the Design/Builder does not pay costs of such removal and storage within ten (10) Days after written notice, the Owner may, upon ten (10) additional Days written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Design/Builder, including compensation for services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Design/Builder should have borne, the Design/Builder shall pay such excess to the Owner; if such proceeds are in excess of the costs which the Design/Builder should have borne, such excess shall be paid by the Owner to the Design/Builder. If such costs arise during the performance of the Work, such costs shall be charged against the Cost of the Work. If such costs arise after Substantial Completion, such costs shall be payable as provided in Section 5.1.

Failure to Correct Non-conforming Work. If the Design/Builder fails to correct non-conforming Work within a reasonable time, the Owner may correct it in accordance with the terms of this Agreement. If the Design/Builder does not proceed with correction of such non- non-conforming Work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and store the salvable materials or equipment at the Design/Builder's expense. If the Design/Builder does not pay costs of such removal and storage within ten (10) Days after written notice, the Owner may, upon ten (10) additional Days written notice, sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Design/Builder, including compensation for services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Design/Builder should have borne, the Design/Builder shall pay such excess to the Owner; if such proceeds are in excess of the costs which the Design/Builder should have borne, such excess shall be paid by the Owner to the Design/Builder. If such costs arise during the performance of the Work, such costs shall be charged against the Cost of the Work. If such costs arise after Substantial Completion, such costs shall be payable as provided in Section 5.1.