Common use of Remedial Work Clause in Contracts

Remedial Work. Notwithstanding any previous test or certification, the Engineer may instruct the Contractor to: (a) remove from the Site and redeliver and replace any Plant or Materials which is not in accordance with the Contract; (b) remove and re-execute any other work which is not in accordance with the Contract; and (c) execute any work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise. The Contractor shall comply with the instruction within a reasonable time, which shall be the time (if any) specified in the instruction, or immediately if urgency is specified under sub-paragraph (c). If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall subject to sub-clause 2.5 [Employer's Claims] pay to the Employer all costs arising from this failure.