Common use of Non-complying Services Clause in Contracts

Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the Services which are non-complying and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal of the failure to carry out the Services in accordance with the Contract; and put the Principal (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Principal will accept the non-complying Services despite the non-compliance.

Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform reperform the Services which are non-complying and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal of the failure to carry out the Services in accordance with the Contract; and put the Principal (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or and advising the Consultant that the Principal will accept the non-complying Services despite the non-compliance.

Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform reperform the Services which are non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Principal Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Principal Commonwealth will accept the non-complying Services despite the non-compliance. If a direction is given under clause 7.2, the Consultant must reperform the non-complying Services: within the time specified in the Contract Administrator's direction; and if after the Date for Completion, so as to minimise the delay and disruption to the Services or the Works.

Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform reperform the Services which are non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Principal Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Principal Commonwealth will accept the non-complying Services despite the non-compliance.

Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform reperform the Services which are non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Principal Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Principal Commonwealth will accept the non-complying Services despite the non-compliance.