Owner’s Right to Correct. If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys’ fees and administrative expenses.
Owner’s Right to Correct. If the Construction Manager fails to perform any of his obligations under this Agreement, the Owner may after seven (7) days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager’s Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies.
Owner’s Right to Correct. In the event Contractor fails to timely correct incomplete, nonconforming or defective Work following Owner’s written notice described in Section 10.5 above, Owner shall have the right to correct or arrange for the correction of any defects or omissions in the Work at the Contractor’s sole cost and expense and not as Costs of the Work. Contractor shall bear all costs incurred by Owner in correcting such defective Work, including, but not limited to, additional costs for redesigns by the Architect and other design consultants, replacement contractors, materials, equipment and all services provided by Owner’s personnel. Owner shall be entitled to withhold and offset all costs incurred during any such corrective work against any funds which are otherwise due or which may become payable to the Contractor. If payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall immediately upon demand pay the difference to Owner.
Owner’s Right to Correct. In the event Contractor fails to timely correct incomplete, nonconforming or defective Work following Owner’s written notice described in Section 12.5 above, Owner shall have the right to correct or arrange for the correction of any defects or omissions in the Work at Contractor’s sole cost and expense and not as part of the Contract Sum. Contractor shall bear all costs incurred by Owner in correcting such defective Work, including, but not limited to, additional costs for redesigns, replacement contractors, materials, equipment and all services provided by Owner’s personnel. Owner shall be entitled to withhold and offset, subject to any notice requirements, all costs incurred during any such corrective work against any funds which are otherwise due or which may become payable to the Contractor. If payments due Contractor are not sufficient to cover such amount, Contractor shall immediately upon demand pay the difference to Owner and such difference shall bear interest per annum at the prime rate (as then published by Bank of America) plus two percent (2%) from the date of demand until paid.
Owner’s Right to Correct. If, within five (5) business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses.
Owner’s Right to Correct. In the event Contractor fails to timely correct incomplete, nonconforming or defective Work following Owner’s written notice described in Section 10.5 above, Owner shall have the right to correct or arrange for the correction of any defects or omissions in the Work. The Original Project Guaranteed Maximum Price or Expansion Project Guaranteed Maximum Price shall be reduced by the amount of all costs incurred by Owner in correcting such defective Original Project Work or Expansion Project Work respectively, including, but not limited to, additional costs for redesigns by the Architect/Engineer and other design consultants, replacement contractors, materials, equipment and all services provided by Owner’s personnel; provided that if the unspent balance of the Original Project Guaranteed Maximum Price or Expansion Project Guaranteed Maximum Price (as applicable) is insufficient to cover such amount, then, at Owner’s election, Contractor shall on demand pay the difference to Owner, or Owner shall withhold and offset all costs incurred during any such corrective work against any funds which are otherwise due or which may become payable to the Contractor. If payments then or thereafter due to Contractor are not sufficient to cover such amounts, Contractor shall on demand pay the difference to Owner.
Owner’s Right to Correct. If Design-Builder fails to commence corrections within three (3) business days after receipt of written notice of a defect, failure, or abnormality of the work, Owner, under the provisions of Article 12 herein, may proceed to have defects repaired and made good at the expense of Design-Builder. If, in the opinion of the Owner, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the Owner or to prevent interruption of operations of the Owner, the Owner may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention shall be charged against the Design-Builder. Such action by the Owner will not relieve the Design-Builder of the warranties provided in this Article or elsewhere in the Contract Documents. In the event of an emergency where in the judgment of the Owner, delay could cause serious loss or damages, repairs or adjustments may be made by the Owner, without giving notice to the Design-Builder, and the cost of the work shall be paid by the Design-Builder.
Owner’s Right to Correct. In the event Contractor fails to timely correct incomplete, nonconforming or defective Work following Owner’s written notice described in Section 10.5 above, Owner shall have the right to correct or arrange for the correction of any defects or omissions in the Work. The Guaranteed Maximum Price shall be reduced by the amount of all costs incurred by Owner in correcting such defective Work, including, but not limited to, additional costs for redesigns by the Architect/Engineer and other design consultants, replacement contractors, materials, equipment and all services provided by Owner’s personnel; provided that if the unspent balance of the Guaranteed Maximum Price is insufficient to cover such amount, then, at Owner’s election, Contractor shall on demand pay the difference to Owner, or Owner shall withhold and offset all costs incurred during any such corrective work against any funds which are otherwise due or which may become payable to the Contractor. If payments then or thereafter due to Contractor are not sufficient to cover such amounts, Contractor shall on demand pay the difference to Owner.
Owner’s Right to Correct. If Contractor fails to commence corrections to the Work for a Project within forty-eight (48) hours after receipt of written notice, Owner, under the provisions of Article GC-2.5 herein, may proceed to have the applicable defects to the Work for such Project repaired and made good at the sole expense of Contractor. If, in the opinion of Owner, defective work on a Project creates a dangerous condition or requires immediate correction or attention to prevent further loss or damage to Owner or to prevent interruption of operations of Owner, Owner may take immediate action, give subsequent notice, make such correction or provide such attention with respect to such Project, and the cost of such correction or attention shall reduce Contractor's Contract Sum for such Project. Such action by Owner will not relieve Contractor of the warranties and obligations provided in this Article GC- 3 or elsewhere in the Contract Documents for the applicable Project.
