Common use of Nonconforming Work Clause in Contracts

Nonconforming Work. If within two (2) days period Subcontractor is unable to remedy or cure nonconforming Work, Subcontractor shall refund to Contractor all monies paid by Contractor to Subcontractor for the Work that fails to conform to the specifications in the applicable Statement of Work and Contract Documents. In addition, after Subcontractor’s opportunity to remedy or cure such nonconforming Work, Contractor may engage one or more third parties to do so, in Contractor’s sole discretion. In such event, Subcontractor shall be liable for all costs incurred by Contractor in remedying Subcontractor’s nonconforming Work (the “Remedial Costs”), including, but not limited to, the necessity of completing, redesigning or replacing any portion of the Work performed by Subcontractor under the Statement of Work so that such Work conform to the specifications of such Statement of Work. Any Remedial Costs shall be reimbursed to Contractor by Subcontractor within ten (10) days of Subcontractor’s receipt of Contractor’s invoice for such Remedial Costs. The foregoing remedies available to Contractor are cumulative, non-exclusive, and are in addition to any other remedies that may be specified elsewhere in this Agreement or which may be otherwise available to Contractor at law or in equity.