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 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 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

Failure to Remedy Defects. If the Contractor fails to comply with remedy any of its obligations under sub-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 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 ’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 ’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

Failure to Remedy Defects. If the Contractor fails to comply with remedy any of its obligations under sub-clause 11.A2 or 11.1 (the "Remedial Work") defect within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work defect 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 by this notified date and such Remedial Work this 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;; or (b) require accept the Engineer to defect and agree or determine a reasonable reduction in the Contract Price in accordance with subSub-clause Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations]; or.