Common use of Owner’s Option to Accept Defective Work Clause in Contracts

Owner’s Option to Accept Defective Work. Owner may, but shall in no event be required to, choose to accept defective or nonconforming Work. In such event, and if the Design/Builder has refused to promptly remove and correct the defective work, the Fixed Contract Price shall be reduced by the reasonable costs of removing and correcting the defective or nonconforming Work. Owner shall be entitled to such reduction in the Fixed Contract Price regardless of whether Owner has, in fact, removed and corrected such defective Work. If the unpaid balance of the Fixed Contract Price, if any, is insufficient to compensate Owner for the acceptance of defective or nonconforming Work, Design/Builder shall, upon written demand from Owner, pay Owner such additional compensation for accepting defective or nonconforming Work.

Owner’s Option to Accept Defective Work. Owner may, but shall in no event be required to, choose to accept defective or nonconforming Work. In such event, and if the Design/Builder has refused to promptly remove and correct the defective work, the Fixed Contract Price shall be reduced by the reasonable costs of removing and correcting the defective or nonconforming Work. Owner shall be entitled to such reduction in the Fixed Contract Price regardless of whether Owner has, in fact, removed and corrected such defective Work. If the unpaid balance of the Fixed Contract Price, if any, is insufficient to compensate Owner for the acceptance of defective or nonconforming Work, Design/Builder shall, upon written demand from Owner, pay Owner such additional compensation for accepting defective or nonconforming Work.

Owner’s Option to Accept Defective Work. Owner may, but shall in no event be required toat its sole discretion, choose to accept defective or nonconforming Work. Such acceptance shall not be effective unless specifically and expressly stated in writing by Owner. In such event, and if the Design/Builder has refused to promptly remove and correct the defective work, the Fixed Contract Guaranteed Maximum Price shall be reduced by the reasonable costs of removing and correcting the defective or nonconforming Work. Owner shall be entitled to such reduction in the Fixed Contract Price , regardless of whether Final Payment has been made or the defective Work replaced or corrected, the intent being that Owner has, may use such funds to remedy such defects at a time and in fact, removed and corrected such defective Worka manner convenient to Owner. If the unpaid balance portion of the Fixed Contract Guaranteed Maximum Price, if any, is insufficient to compensate Owner for the acceptance of defective or nonconforming Work, Design/-Builder shall, upon written demand from Owner, pay Owner such additional any shortfall of compensation for accepting defective or nonconforming Work.