Common use of REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK Clause in Contracts

REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor.

Appears in 19 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work Work which does not conform to the requirements of the contract, plans, and specifications Contract Documents will be considered unacceptable, whether discovered before or after Substantial Completion or Final Completion and whether or not fabricated, installed, or completed, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable workWork, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the workWork, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to not in conformance with the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, Contract Documents or any extra work Work done without authority, authority will be considered as unauthorized and will not be paid for under the provisions of the contractfor. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work Work to be remedied or removed and replaced and unauthorized work Work to be removed and to deduct the costs (incurred by the ownerOwner) from any monies due or to become due the ContractorContractor or, at the Owner’s election, recover such costs from the Contractor directly.

Appears in 7 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

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REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which Work that does not conform to the requirements of the contractContract, plansPlans, and specifications Specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer Design Professional as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable workWork, whether the result of poor workmanship, use of defective materialsMaterials, damage through carelessness, or any other cause found to exist prior to the final acceptance Final Acceptance of the workWork, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S ’S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Design Professional. Work done contrary to the instructions of the EngineerDesign Professional, work done beyond the lines shown on the plans Plans or as given, except as herein specified, or any extra work done without authorityAirport Authority, will be considered as unauthorized and will not be paid for under the provisions of the contractContract. Work so done may be ordered removed or replaced at the Contractor's CMR’s expense. Upon failure on the part of the Contractor CMR to comply forthwith with any order of the Engineer Design Professional made under the provisions of this subsection, the Engineer Design Professional will have authority to cause unacceptable work Work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the ownerAirport Authority) from any monies due or to become due the ContractorCMR.

Appears in 1 contract

Samples: www.flylansing.com

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