Common use of Failure to Remove and Renew Defective Materials and Work Clause in Contracts

Failure to Remove and Renew Defective Materials and Work. If the Contractor fails or refuses to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract within the time indicated in writing, the Engineer has the authority to repair, remove, or renew the unacceptable or defective materials or work as necessary, all at the Contractor’s expense. The Department will obtain payment for any expense it incurs in making these repairs, removals, or renewals, that the Contractor fails or refuses to make, by deducting such expenses from any moneys due or which may become due the Contractor, or by charging such amounts against the Contract bond.

Failure to Remove and Renew Defective Materials and Work. If the Contractor D-BE fails or refuses to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract within the time indicated in writing, the Engineer Owner has the authority to repair, remove, or renew the unacceptable or defective materials or work as necessary, all at the ContractorD-BE’s expense. The Department Owner will obtain payment for any expense it incurs in making these repairs, removals, or renewals, that the Contractor D-BE fails or refuses to make, by deducting such expenses from any moneys due or which may become due the ContractorD-BE, or by charging such amounts against the Contract bond.