Rejection of Work. Using the Notice of Non-Conforming Work procedures outlined in the General Conditions, the Design Professional shall reject work that does not comply with the requirements of the Contract Documents or that does not comply with the applicable laws and codes. The Design Professional shall have authority to order testing of the Work, as is provided in the Contract Documents or as otherwise required in its judgment, whether such work is fabricated, installed, or completed.
Rejection of Work. The Owner shall have the authority to reject Work that does not conform strictly to the requirements of the Contract Documents. All costs associated with correction of rejected Work shall be borne by the Contractor.
Rejection of Work. The Architect shall have the authority, only after pre-approval of the District, to reject Project contractor(s)’s work that does not conform to the requirements of the construction contract documents. The Architect shall have the authority, upon its sole discretion, to reject Project contractor(s)’s work that presents an immediate risk of injury to persons.
Rejection of Work. If, as a result of inspection, examination or testing, the GIPCL’s Representative/Engineer decides that any materials, work or workmanship is defective or otherwise not in accordance with the Contract, the GIPCL/Engineer/ GIPCL’s Representative may reject such plant, materials, work or workmanship and shall notify the CONTRACTOR promptly, stating his reasons. The CONTRACTOR shall then promptly make good the defect and ensure that the rejected item complies with the Contract. If Contractor failed to rectify the rejected work or workmanship, GIPCL/Engineer reserves the right to deduct or withhold amount against rejected work or Workmanship. CONTRACTOR shall not entitle for any claim or release of hold payment until rectify the defect up to satisfactory of GIPCL. If Contractor failed to rectify any such defective work or workmanship, GIPCL reserve the right to rectify at risk and cost of the CONTRACTOR and deducted by the GIPCL from any amount due, or to become due, to the CONTRACTOR’s dues. If the GIPCL/Engineer/GIPCL’s Representative requires such materials, work or workmanship to be retested, the tests shall be repeated under the same terms and conditions. If such rejection and retesting cause the GIPCL additional costs for the traveling and lodging costs of GIPCL/Engineer’s personal for attending the retest, such costs shall be recoverable from the CONTRACTOR by the GIPCL and may be deducted by the GIPCL from any amount due, or to become due, to the CONTRACTOR.
Rejection of Work. Whenever in the ordinary course of discharging its services hereunder CM shall discover or observe patent conditions of defective or deficient construction or workmanship of the Assigned Project which has or may have an adverse impact upon building life-safety systems or operations, structural elements or integrity or the safety of persons or property, CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the District in writing. In other circumstances where defective or deficient Work is observed by CM, the District shall be notified in writing by the CM of such conditions and if directed by the District, the CM shall stop or reject such Work. CM’s responsibilities hereunder shall be limited to defective or deficient work of an apparent and patent nature.
Rejection of Work. Owner shall have the right to reject any defective Work on the Project. Should CM refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected by other means and recover all expenses incurred from CM through a reduction of funds otherwise due to the CM under the Contract.
Rejection of Work. The Owner shall have the right but not the obligation to reject Work in accordance with General Conditions Paragraph 3.6 or of any other provision of the Contract Documents, without waiver of the CMR’s obligation to fully perform under the Contract.
Rejection of Work. The Owner’s Representative and/or the Owner shall have the authority to reject Work that does not conform to the requirements of the Contract Documents. In the event rejected Work requires additional testing or additional inspections, CMR shall pay the Owner all amounts paid by the Owner to the Owner’s Representative and other third party consultants for any such additional testing or inspections. The Owner’s Representative and/or the Owner shall have the authority to order special inspections or tests, regardless of whether or not the Work has been fabricated, installed or completed. Such special inspections or tests shall be performed at the CMR’s sole expense and no increase to the Contract Sum. No responsibility or duty of the Owner’s Representative and/or the Owner to the CMR, Subcontractors, or Sub-subcontractors shall be created by this authority or by good faith decisions rendered in the exercise of this authority. At all times the CMR is fully responsible for the quality of the Work and full and complete performance of the terms and specifications of the Contract. The Owner then has the right to issue a Unilateral Change Order deducting the cost of correcting the deficiencies, including any charges for special inspections or tests as well as charges by the Architect, plus a markup of ten percent (10%) to cover administrative costs, from the balance due to the CMR. If the balance due to the CMR is not sufficient to cover the deduction established by the Unilateral Change Order, then the CMR shall pay to the Owner the difference.
Rejection of Work. Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected by other means and recover all expenses incurred from Contractor through a reduction of funds otherwise due to the Contractor under this Agreement.
Rejection of Work. The Architect-Engineer jointly with the Owner has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect-Engineer considers it necessary or advisable, the Architect-Engineer jointly with the Owner will have authority to require inspection or testing of the Work in accordance with Article 11 and Articles 2.2.1 of this Exhibit A, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect-Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect-Engineer to the Construction Manager, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
