Common use of Failure to Remedy Defects Clause in Contracts

Failure to Remedy Defects. If the Contractor fails to comply with any of its obligations under Clause 11.A2 or 11.1 (the "Remedial Work") within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work is to be performed. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform the Remedial Work by this notified date and such Remedial Work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or (c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the Works, plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.

Failure to Remedy Defects. If the Contractor fails to comply with any of its obligations under Clause sub-clause 11.A2 or 11.1 (the "Remedial Work") within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work is to be performed. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform the Remedial Work by this notified date and such Remedial Work was to be executed at the cost of the Contractor under Subsub-Clause clause 11.2 [Cost of Remedying Defects], the Employer may (at his option): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Subsub-Clause clause 2.5 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Subsub-Clause clause 3.5 [Determinations]; or (c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the Works, plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.

Failure to Remedy Defects. If the Contractor fails to comply with remedy any of its obligations under Clause 11.A2 defect or 11.1 (the "Remedial Work") damage within a reasonable time, a date may be fixed by (or on behalf of) the EmployerContract Awarder, on or by which the Remedial Work defect or damage is to be performedremedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform remedy the Remedial Work defect or damage by this notified date and such Remedial Work this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer Contract Awarder may (at his option): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [EmployerContract Awarder's Claims] pay to the Employer Contract Awarder the costs reasonably incurred by the Employer Contract Awarder in remedying the defect or damage; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or (c) if the defect or damage deprives the Employer Contract Awarder of substantially the whole benefit of the Works or any major part of the Works, terminate the ContractContract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer Contract Awarder shall then be entitled to recover all sums paid for the WorksWorks or for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Work Site and returning Plant and Materials to the Contractor.

Failure to Remedy Defects. If the Contractor fails to comply with remedy any of its obligations under Clause 11.A2 defect or 11.1 (the "Remedial Work") damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work defect or damage is to be performedremedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform remedy the Remedial Work defect or damage by this notified date and such Remedial Work this remedial work was to be executed at the cost of the Contractor under Sub-Clause GCC 11.2 [Cost of Remedying Defects], the Employer may (at his option): ): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's Contractor‟s cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause GCC 2.5 [Employer's Employer‟s Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage; ; (b) require the Engineer Project Manager to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause GCC 3.5 [Determinations]; or or (c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the ContractContract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the WorksWorks or for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.

Failure to Remedy Defects. SAMPLE If the Contractor fails to comply with remedy any of its obligations under Clause 11.A2 defect or 11.1 (the "Remedial Work") damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work defect or damage is to be performedremedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform remedy the Remedial Work defect or damage by this notified date and such Remedial Work this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's ’s cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [Employer's ’s Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or (c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the ContractContract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the WorksWorks or for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.

Failure to Remedy Defects. (a) If the Contractor fails to comply with remedy any of its obligations under Clause 11.A2 defect or 11.1 (the "Remedial Work") damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work defect or damage is to be performedremedied. The Contractor shall be given reasonable notice of this date. . (b) If the Contractor fails t he C ontractor f ails to perform the Remedial Work remedy t he d efect or da mage by t his n otified da te and this notified date and such Remedial Work remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [(Cost of Remedying Defects]), the Employer may (at his its option): (ai) carry out the work himself t he w ork i tself or by othersot hers, in a reasonable manner and at m anner a nd a t the Contractor's ’s cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject C ontractor sha ll sub ject to Sub-Clause 2.5 [2. 4 (Employer's ’s Claims] pay to the ) pa y t o t he Employer the costs reasonably incurred by the Employer in remedying the defect or damage; (bii) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [(Determinations]); or (ciii) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, or the Works or any part thereof do not meet the Minimum F unctional Specifications o r the m inimum c riteria f or satisfying the Complex Commercial Operations Test, terminate the ContractContract as a whole, or in respect of such part. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the WorksWo rks or f or such pa rt (as t he c ase m ay be ) p lus financing cos ts, plus financing a ll associated costs of the Employer, and the cost of dismantling the same, clearing the Site Site, and returning Plant and Materials to the Contractor. (c) At any time following the end of each month, the Employer shall compute and advise the Contractor in an invoice of the amount(s) due to the Employer pursuant to this Clause 11.4. Such amounts shall be payable by the Contractor within twenty (20) days of the date of the delivery of such invoice to the Contractor.

Failure to Remedy Defects. If the Contractor fails to comply with remedy any of its obligations under Clause 11.A2 Defect or 11.1 (the "Remedial Work") damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer/s, with notice to the financial institution providing the funding for the Project/s, on or by which the Remedial Work Defect or damage is to be performedremedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform remedy the Remedial Work Defect or damage by this notified date and such Remedial Work this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer Employer/s may (at his his/their option): (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay to the Employer Employer/s the costs reasonably incurred by the Employer Employer/s in remedying the defect Defect or damagedamage or deduct it from the Contract Price; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or (c) if the defect Defect or damage deprives the Employer Employer/s of substantially the whole benefit of the Works or any major part of the Works, after due notice to the financial institution providing the funding for the Project/s, terminate the ContractContract as a whole, or in respect of such major part which cannot be put to the intended use. Without prejudice to any other rights, under the Contract or otherwise, the Employer Employer/s shall then be entitled to recover all sums paid by the Employer/s for the Works, if any, or for such part (as the case may be), plus financing costs and the cost of dismantling the same, clearing the Site Site/s and returning Plant Plant/s and Materials to the Contractor.