Common use of Nonconforming Work Clause in Contracts

Nonconforming Work. 23.1.1. Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby. 23.1.2. If Developer does not remove or reasonably begin and diligently remove Work that District has identified as failing to conform to the Contract Documents within a reasonable time, not to exceed five (5) calendar days, District may remove it and may store any material at Developer’s expense. If Developer does not pay expense(s) of that removal within ten (10) days’ time thereafter, District may, upon ten (10) days’ written notice, sell any material at auction or at private sale and shall deduct all costs and expenses incurred by xxx Xxxxxxxx xxx/xx Xxxxxxxx may withhold those amounts from payment(s) to Developer.

Nonconforming Work. 23.1.1. Developer Contractor shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer Contractor shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby. 23.1.2. If Developer Contractor does not remove or reasonably begin and diligently remove Work that District has identified as failing to conform to the Contract Documents within a reasonable time, not to exceed five (5) calendar days, District may remove it and may store any material at DeveloperContractor’s expense. If Developer Contractor does not pay expense(s) of that removal within ten (10) days’ time thereafter, District may, upon ten (10) days’ written notice, sell any material at auction or at private sale and shall deduct all costs and expenses incurred by xxx Xxxxxxxx xxx/xx Xxxxxxxx may withhold those amounts from payment(s) to DeveloperContractor.