Common use of Materials and Work Clause in Contracts

Materials and Work. Except where it is illegal or physically impossible, the Contractor shall execute and complete the Works in strict accordance with the Contract and Contract Documents and adhere strictly to the Superintendent’s directions on any matter touching or concerning the Works. Unless otherwise specified, materials, plant, equipment or other things salvaged from the works shall become the property of the Contractor and shall be removed by the Contractor from the Site. Unless otherwise specified in the Contract, any materials to be incorporated into the Works shall be new and of merchantable quality and reasonably fit for the purpose of the Works. All materials and work shall be consistent with the nature and character of the Works and of a kind suitable for its purpose and in conformity with the requirements of the Contract and Contract Documents. If the Superintendent is of the opinion that any material or work, whether fixed or not, fails to comply with the Contract or Contract Documents or if he detects any defects during the Defects Liability Period or if he is dissatisfied with any of the Contractor’s safety precautions, he may order in writing their removal, replacement and/or correction at the Contractor's expense. If the Contractor fails to comply with clause 15.5 the Principal may have the work of replacement, correction or removal carried out by other persons and the cost incurred by the Principal in having the work so carried out shall be a debt immediately due and payable by the Contractor to the Principal.

Appears in 2 contracts

Samples: Building Agreement, Building Agreement

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Materials and Work. Except where it is illegal or physically impossible, the Contractor shall execute and complete the Works in strict accordance with the Contract and Contract Documents and adhere strictly to the Superintendent’s directions on any matter touching or concerning the Works. Unless otherwise specified, materials, plant, equipment or other things salvaged from the works shall become the property of the Contractor and shall be removed by the Contractor from the Site. Unless otherwise specified in the Contract, any materials to be incorporated into the Works shall be new and of merchantable quality and reasonably fit for the purpose of the Works. All materials and work shall be consistent with the nature and character of the Works and of a kind suitable for its purpose and in conformity with the requirements of the Contract and Contract Documents. If the Superintendent is of the opinion that any material or work, whether fixed or not, fails to comply with the Contract or Contract Documents or if he detects any defects during the Defects Liability Period or if he is dissatisfied with any of the Contractor’s safety precautions, he may order in writing their removal, replacement and/or correction at the Contractor's expense. If the Contractor fails to comply with clause 15.5 15.5. the Principal may have the work of replacement, correction or removal carried out by other persons and the cost incurred by the Principal in having the work so carried out shall be a debt immediately due and payable by the Contractor to the Principal.

Appears in 2 contracts

Samples: Building Agreement, Building Agreement

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