REJECTED WORK AND MATERIALS Clause Samples
The 'Rejected Work and Materials' clause establishes the right of one party, typically the owner or client, to refuse or require the removal of work or materials that do not meet the contract's specified standards or requirements. In practice, this means that if a contractor uses substandard materials or performs work that is defective or non-compliant, the owner can demand that such work be corrected or replaced at the contractor's expense. This clause ensures that the final deliverable meets the agreed-upon quality and specifications, protecting the owner from accepting unsatisfactory or nonconforming results.
REJECTED WORK AND MATERIALS. All materials which do not conform to the requirements of the contract documents are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damage through carelessness or any other given cause shall be removed within ten days after written notice is given by the Engineer, and the work shall be re-executed by the contractor. The fact that the Engineer may have previously overlooked such defective work shall not constitute an acceptance of any part of it.
a) Should the contractor fail to remove work or materials rejected within ten days after written notice to do so, the owner may remove them and may store the material.
b) Correction of faulty work after final payment shall be in accordance with Paragraph 2.6.18.
REJECTED WORK AND MATERIALS a. Any of the Work or materials, goods, or equipment which do not conform to the requirements of the Contract Documents or are not equal to samples accepted by the Project Officer or designee or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and replaced immediately so as not to cause delay to the Project or work by others. Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, shall be removed and the work shall be re-executed by the Contractor at the Contractor’s expense. The fact that the Project Officer or designee may have previously overlooked such defective work shall not constitute acceptance of any part of it.
b. If the Contractor fails to proceed at once with the replacement of rejected material and/or the correction of defective workmanship when notified to do so by the Project Officer or designee, the County may, by contract or otherwise, replace such material or correct such workmanship and charge the cost to the Contractor. This clause applies during the Contract and during any warranty or guarantee period.
c. The Contractor shall be responsible for managing, addressing within a timely manner, and formally closing out all notices of non-compliance issued by the inspector of record, Arlington County Inspection Services, or the Design Team. The Contractor shall be solely liable for any costs or time associated with the corrective action to address any notices of non-compliance. The Contractor must work directly with the entity issuing the notice of non-compliance.
d. If the Project Officer or designee deems it expedient not to require correction of work which has been damaged or not done in accordance with the Contract, an appropriate adjustment to the Contract Price may be made.
REJECTED WORK AND MATERIALS. Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, shall be removed within ten
REJECTED WORK AND MATERIALS. The Contractor, upon written notice from CPS Energy, shall remove from the premises all Work and materials rejected as defective, unsound, improper, or in any way failing to conform to the requirements of the Contract Documents. The Contractor shall, at Contractor’s sole expense, make good all Work damaged by such removal and shall promptly replace materials damaged or improperly worked by Contractor and re-execute Contractor’s own Work or Work of any other Contractor that is in any way affected by the removal of the defective Work. The obligations of the Contractor under this section shall not extend to defective materials or equipment supplied by CPS Energy. If the Contractor does not remove Contractor’s rejected Work and materials within ten (10) days after written notice, CPS Energy may remove and replace such Work and materials at the expense of the Contractor.
REJECTED WORK AND MATERIALS. (a) Any of the Work or materials, goods, or equipment which do not conform to the requirements of the Contract Documents, or are not equal to samples accepted by the Project Manager, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and promptly replaced by Contractor so as not to cause delay to the Project or Work by others. Any defective Work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, shall be removed and the Work shall be re-executed by Contractor. The fact that the Project Manager may have previously overlooked such defective Work shall not constitute acceptance of any part of it.
(b) If Contractor fails to promptly proceed with the replacement of rejected material and/or the correction of defective workmanship when notified to do so by the Project Manager, the City may, by contract or otherwise, replace such material or correct such workmanship and charge the cost to Contractor. This clause applies during the Agreement and during any warranty or guarantee period.
(c) Contractor shall be responsible for managing, addressing within a timely manner, and formally closing out all non-compliances related to the Work issued by the Project Manager, the Design Team, and any Code Official, including, but not limited to, the City’s Code Officials and any special inspectors. Contractor shall be solely liable for any costs or time associated with the corrective action to address any non-compliance with Work or materials. Contractor must work directly with the entity issuing the non-compliance.
(d) If the Project Manager deems it expedient not to require correction of Work which has been damaged or not done in accordance with the Agreement, a reasonable and appropriate adjustment to the GMP may be made.