Common use of ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK Clause in Contracts

ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. The State may accept defective or nonconforming work performed under this agreement. If the State elects to accept the defective or nonconforming work, a Change Order will be issued to reflect a reduction in the Contract Sum. The State will recommend the value of diminishment of the defective or nonconforming work. Such adjustment shall be affected whether or not final payment has been made. (Revision date: July 19, 2023) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated Items unless the products cannot be acquired- 1. Competitively within a time frame providing for compliance with the contract performance schedule. 2. Meeting contract performance requirements; or