Common use of Non-Conforming Work Clause in Contracts

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.

Appears in 16 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) or Construction Manager observes or otherwise becomes aware of any fault or defective Work in a project, or other non- 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 Construction Manager 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.

Appears in 11 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) or Construction Manager observes or otherwise becomes aware of any fault or defective Work in a project, or other non- non-conformance with the Contract Documents during the construction phases, the Owner or Program Construction 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 and Construction Manager in writing and make recommendations to the Owner and Construction Manager concerning correction of the Work. The Owner may then Work and require the Contractor Construction Manager 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.

Appears in 3 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

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- 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.

Appears in 2 contracts

Samples: Professional Services Agreement, Agreement

Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultantpersonnel) observes or otherwise becomes aware of any fault or defective Work work in a projectthe Project, or other non- non-conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project ConsultantContractor. However, whether the Owner observes a defect or not, it is the Project Consultant’s Contractor's duty and responsibility to determine whether said Work its work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant Contractor determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant Contractor shall advise the Owner in writing writing, and make recommendations to the Owner concerning correction of the Work. The Owner may then work and require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work work is defective, faulty or not in compliance with the Contract Documents is to shall be determined by the Owner.

Appears in 1 contract

Samples: Form of Agreement

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Non-Conforming Work. If the Owner (by way of BCIUBCI's or other Owner personnel or consultantpersonnel) 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 '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 Work and 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.

Appears in 1 contract

Samples: Professional Services Agreement

Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) or Construction Manager observes or otherwise becomes aware of any fault or defective Work in a project, or other non- 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 Construction ManagerContractor 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.

Appears in 1 contract

Samples: Agreement

Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) or Construction Manager observes or otherwise becomes aware of any fault or defective Work in a project, or other non- 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 '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 Construction ManagerContractor 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.

Appears in 1 contract

Samples: Professional Services Agreement

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