Common use of Removal of Defective Work Clause in Contracts

Removal of Defective Work. 11.10 In addition to the Design-Builder’s warranty obligations and all other remedies of the City, if at any time during the period ending one year after Substantial Completion the Work is found to be Defective, the Design-Builder shall promptly correct all Defective Work without added cost to the City, whether or not fabricated, installed, or completed or, at the City’s option, remove it from the site and replace it with Work that meets the Contract requirements. If the Design-Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause risk of loss or damage, the City may have the Defective Work corrected or removed and replaced, and all direct and indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the Design-Builder or the Design-Builder’s surety.

Removal of Defective Work. 11.10 In addition to the Design-Builder’s warranty obligations and all other remedies of the City, if at any time during the period ending one year after Substantial Completion of the Work the Work is found to be Defective, the Design-Builder shall promptly correct all Defective Work without added cost to the City, whether or not fabricated, installed, or completed or, at the City’s option, remove it from the site and replace it with Work that meets the Contract requirements. If the Design-Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause risk of loss or damage, the City may have the Defective Work corrected or removed and replaced, and all direct and indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the Design-Builder or the Design-Builder’s surety.