Non-Conforming Work Sample Clauses
Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) observes or otherwise becomes aware of any fault or defective Work in a project, or other non- conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project Consultant. However, whether the Owner observes a defect or not, it is the Project Consultant’s duty and responsibility to determine whether said Work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant shall advise the Owner in writing and make recommendations to the Owner concerning correction of the Work. The Owner may then require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work is defective, faulty or in compliance with the Contract Documents is to be determined by the Owner.
Non-Conforming Work. 5.10.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents.
Non-Conforming Work. Work that does not meet the requirements of the Contract Documents.
Non-Conforming Work. The Construction Manager shall, in conjunction with the District’s inspector, review contractor’s recommendations for corrective action on observed non-conforming work. The Construction Manager shall make recommendations to the District, the Architect and District’s inspector in instances where the Construction Manager observes work that, in its opinion, is defective or not in conformance with the contract documents. The Construction Manager shall assist the District’s inspector in observing the Contractor’s work to verify that all authorized changes are properly incorporated in the Project. The Construction Manager shall report to the District regarding the status of such activity and provide a written record of the same.
Non-Conforming Work. In the event of the occurrence of a Defect in the Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:
(i) to demand that the Developer rectify, or require the Contractor to rectify, such Defect at the Developer’s sole expense, it being understood that, in such event, the Developer will be permitted to draw on the Performance Security provided by the Contractor liable for such Work if the Contractor fails to perform such Work, to the extent of the cost of any work performed by the Developer;
(ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the Developer, which order the Department will lift after the Developer fully cures or corrects such Defects;
(iii) to rectify such Defects itself and to obtain payment of its Allocable Costs from the Developer or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement (and the Developer agrees to make such drawing upon the request of the Department); provided, that the Department will not rectify such Defects itself or seek payment from the Developer or such Performance Security unless (1) it has requested rectification of the Defects and the Developer and the Contractor have failed to progress to rectify the Defects to the satisfaction of the Department within 15 Days from receipt of the Department’s request for rectification of such Defects or (2) the Developer has received approval from the Department on a Remediation Plan and Schedule, unless health and safety of the public requires more urgent action; or
(iv) to seek performance or payment pursuant to any applicable guaranty.
Non-Conforming Work. The City’s progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract or the Contract Documents.
Non-Conforming Work. Owner shall not pay for non-conforming Work. Owner may reject any non- conforming Work or require Contractor to remedy non-conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost and without a time extension, Owner may require Contractor to replace or correct any part of the Work not meeting the requirements of the Contract, unless Owner, in Owner’s sole discretion, consents in writing to accept the non- conforming Work. Contractor shall notify Owner when deficient Work is identified by submitting a non-conformance report. Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to Owner. Owner may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments. If Contractor chooses to place Work on identified non-conforming Work, Owner shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract. Owner may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner is responsible for all costs and time impacts associated with the testing and restoration of the affected Work. Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner may, in its sole discretion, consent in writing to accept non-conforming Work without requiring it to be fully corrected, in which case (i) the Contract Amount shall be decreased accordingly, or (ii) such amount shall be recoverable from Contractor by Owner by way of set-off against any amounts due and payable to Contractor. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extension.
Non-Conforming Work. OCPW/OM Project Manager may reduce payment for any of the following; non-compliant work, noncompliant work left in place; corrective work or unauthorized work.
Non-Conforming Work. Notify Owner of permanent work which does not conform to the result required in the Contract Documents, prepare a written report describing any apparent non-conforming permanent work and make recommendations to Owner for its correction and, at the request of Owner, have recommendations implemented by the Contractor.
Non-Conforming Work. Subcontractor shall provide sufficient, safe and proper facilities at all times for inspection by the Architect, the Owner or FLINT of the Work in the field, at shops or at any other place where materials required hereunder are in course of preparation, manufacture, treatment or storage. Subcontractor shall, within twenty-four (24) hours after receiving written notice from FLINT to that effect, proceed to remove from the site any materials condemned by the Architect, the Owner, or FLINT, whether installed, in progress or in storage, and to take down all portions of the Work which the Architect, the Owner or FLINT has condemned in writing, as unsound or improper, or as in any way failing to conform to the drawings, specifications and addenda and shall take full financial responsibility for all damage caused by such removal, including, but not limited to any costs associated with temporary construction, materials, facilities or re-work performed by XXXXX and/or other subcontractors deemed necessary by FLINT for the protection of other construction materials, property or workmen in the interim. In the event that all or any portion of the Work as condemned should be of such a nature, or the time available should be so limited, that in the judgment of the Architect, the Owner or FLINT it would not be expedient to order the same replaced or corrected, FLINT, at its option, may deduct from the payments due or to become due to Subcontractor such amount or amounts as in the opinion of the Architect or the Owner shall represent the difference between the fair and reasonable value of the Work so condemned and its value had it been executed in conformity with the General Contract.