Common use of Acceptance of Defective Construction Clause in Contracts

Acceptance of Defective Construction. If, instead of requiring correction or removal and replacement of DEFECTIVE Construction, OWNER prefers to accept it, OWNER may do so. DESIGN/BUILDER shall pay all costs attributable to OWNER's evaluation of and determination to accept such DEFECTIVE Construction (such costs to include but not be limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Construction; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by DESIGN/BUILDER to OWNER.