Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. Notwithstanding the foregoing clause, Inspection and Acceptance and the Warranty of Construction clause herein: (a) Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee to Repair Period identified in the Guarantee to Repair Period clause herein and/or (ii) replace, repair, or restore to HACLA's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to HACLA. (b) The Project Manager will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from the Project Manager, but in no case later than 7 days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all losses resulting from such Defective Work, including additional testing, inspection and compensation for HACLA's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to HACLA and in such a manner as to avoid, to the extent practicable, disruption to HACLA's activities. Contractor shall notify HACLA upon completion of repairs. (c) If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of HACLA, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further loss to HACLA or to prevent interruption of operations of HACLA, the Project Manager will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with HACLA's request for correction within a reasonable time as determined by HACLA, HACLA or separate contractors under HACLA's direction, may, notwithstanding the provisions of this clause, proceed to make such corrections or provide such attention and the costs of such correction or attention shall be charged against Contractor. Such action by HACLA will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Contract. Contractor shall replace, repair or restore to HACLA's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. (d) Contractor shall promptly remove from the Site Defective Work and any portions of Work and materials that are nonconforming and which are neither corrected by Contractor nor accepted by HACLA. (e) If, after notice from HACLA, Contractor fails to timely commence correction of Defective Work as required in this clause or fails to diligently prosecute such correction to completion, HACLA may correct the Defective Work in accordance with the above provisions, and, in addition, HACLA may remove the Defective Work and store salvageable materials and equipment at Contractor's expense. (f) If Contractor fails to promptly remove Defective or nonconforming Work from the Site as required by the above provisions or fails or refuses to pay the costs of such removal and storage as required by above the above provisions, HACLA may, within 7 days after written demand, sell such materials at auction or at private sale or otherwise dispose of such material without prejudice to other remedies. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to HACLA, including compensation for HACLA's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to HACLA, the Contract Fees shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to HACLA. (g) Contractor’s warranty with respect to corrective work will run for (one year unless otherwise indicated) from the date of correction completion.

Correction of Defective Work. Notwithstanding a. Work not conforming to the foregoing clauserequirements of the Contract Documents shall be deemed defective Work. If required by the City, Inspection and Acceptance and the Warranty of Construction clause herein: (a) Contractor shall (i) as directed, either correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee to Repair Period identified in the Guarantee to Repair Period clause herein and/or (ii) replace, repair, or restore to HACLA's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective all defective Work, whether or not fabricated, installed or completed, or, if the defective Work has been rejected by the City , remove it from the site and replace it with non-defective Work in accordance with the Contract Documents and without any additional expense whatsoever to HACLA. (b) The Project Manager will give notice of observed Defective Work with reasonable promptnessthe City. Further, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from bear the expense of making good all work of other contractors performing work on the Project Manager, but in no case later than 7 days after receipt of destroyed or damaged by such notice. Contractor shall diligently and continuously prosecute such correction to completionremoval or replacement. Contractor shall bear all costs of such correctiondirect, replacement, repair, or restoration indirect and all losses resulting from such Defective Work, including additional testing, inspection and compensation for HACLA's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to HACLA and in such a manner as to avoid, to the extent practicable, disruption to HACLA's activities. Contractor shall notify HACLA upon completion of repairs. (c) If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of HACLA, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further loss to HACLA or to prevent interruption of operations of HACLA, the Project Manager will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with HACLA's request for correction within a reasonable time as determined by HACLA, HACLA or separate contractors under HACLA's direction, may, notwithstanding the provisions of this clause, proceed to make such corrections or provide such attention and the consequential costs of such correction or attention removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall be charged against Contractorhold the City harmless for same. Such action by HACLA will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Contract. Contractor shall replace, repair or restore to HACLA's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. (d) Contractor shall promptly remove from the Site Defective Work and any portions of Work and materials that are nonconforming and which are neither corrected by Contractor nor accepted by HACLA. (e) If, after notice from HACLA, Contractor fails to timely commence correction of Defective Work as required in this clause or fails to diligently prosecute such correction to completion, HACLA may correct the Defective Work in accordance with the above provisions, and, in addition, HACLA may remove the Defective Work and store salvageable materials and equipment at Contractor's expense. (f) If Contractor fails to promptly remove Defective or nonconforming Work from the Site as required by the above provisions or fails or refuses to pay the costs of such removal and storage as required by above the above provisions, HACLA may, within 7 days after written demand, sell such materials at auction or at private sale or otherwise dispose of such material without prejudice to other remedies. Contractor shall be entitled Notwithstanding anything herein to the proceeds of such salecontrary, if anythe City may determine, in excess of the costs and damages for which Contractor is liable at its sole discretion, to HACLA, including compensation for HACLA's services and expensesaccept defective Work. If such proceeds determination is rendered prior to final payment, a Change Order or Construction Change Directive shall be executed evidencing such acceptance of sale do not cover costs and damages for which Contractor is liable to HACLAsuch defective Work, incorporating the necessary revisions in the Contract Fees shall be reduced by such deficiencyDocuments and reflecting an appropriate decrease in the Contract Price. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover City accepts such deficiencydefective Work after final payment, Contractor shall promptly pay the difference City an appropriate amount determined by the City to HACLAadequately compensate the City for its acceptance of the defective Work. b. If the Contractor does not take action to correct defective Work or to remove and replace rejected defective Work or if Contractor fails to comply with any of the provisions of the Contract Documents within ten (g10) days after receipt of written notice from the City, the City may correct and remedy any such deficiency at the expense of the Contractor. To the extent necessary to complete corrective and remedial action, the City may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor’s warranty with respect services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City and their respective representatives, agents, and employees such access to corrective the Project site as may be necessary to enable the City to exercise the rights and remedies under this Section. All direct, indirect and consequential costs of the City in exercising such rights and remedies shall be at Contractor’s expense, and a Change Order or a Construction Change Directive shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Price. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, and all costs of repair and replacement of work will run for (one year unless otherwise indicated) from of others destroyed or damaged by correction, removal or replacement of Contractor’s defective Work. Contractor shall not be allowed an extension of the date Contract Time because of correction completionany delay in performance of the Work attributable to the exercise by the City of the City’s rights and remedies hereunder.

Correction of Defective Work. Notwithstanding the foregoing clause, Inspection and Acceptance and the Warranty of Construction clause herein: (a) Contractor shall (i) correct Defective Work that becomes apparent during the progress All elements of the Project not conforming to the Specifications and other Contract Documents shall be considered “defective.” Any and all such defective elements, including design elements, shall be promptly corrected by Contractor at no cost to the City after receipt of a written notice from the City to do so. In addition, if within one (1) year after the Final Completion of the Project (or such longer period as may be prescribed by the terms of any other applicable special guarantee or warranty), any of the elements of the Project is found to be defective, Contractor shall, at its sole expense, promptly correct any such defects after written notice of the City to do so. All corrective redesign and all corrective Work or during shall be covered by the Guarantee to Repair Period identified same warranties set forth in Section 4.5 for the Guarantee to Repair Period clause herein and/or (ii) replace, repairremainder of the original 12-month period, or restore to HACLA's satisfaction any other parts six (6) months after completion of the Work and any other real corrective redesign or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective corrective Work, without any expense whatsoever whichever is longer. The Contractor, at its sole cost and expense, shall provide or shall cause to HACLA. be provided all labor, supervision, engineering, field service representation, equipment, tools, materials, and anything else necessary to gain access to and correct the defective condition and shall bear all expenses (bincluding, but not limited to, redesign and labor costs) in connection therewith. The cost of transporting new, repaired, replaced, or modified items of material or equipment to and from the Project Manager will give notice of observed Defective site shall be borne by the Contractor. All defective work that is not corrected as provided in this Section 4.6 shall be removed from the Project, if deemed necessary by the City. The Contactor shall perform or cause to be performed remedial obligations hereunder in a timely manner consistent with the City’s reasonable expectations and requirements. If the Contractor fails to correct timely defective Work in conformity with reasonable promptnessthis Agreement, including the Specifications and other Contract Documents, City may correct such defective work, and Contractor shall promptly commence such correctionbe obligated to reimburse City for all actual costs, replacementexpenses, and damages, including, but not limited to, redesign fees, repair or restoration upon notice from and replacement costs, reasonable attorneys’ fees, interest, and litigation costs incurred by the Project Manager, but City in no case later than 7 days after receipt of such noticecorrecting the defective work. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all losses resulting from such Defective Work, including additional testing, inspection and compensation for HACLA's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to HACLA and in such a manner as to avoid, to the extent practicable, disruption to HACLA's activities. Contractor shall notify HACLA upon completion of repairs. (c) If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of HACLA, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further loss to HACLA or to prevent interruption of operations of HACLA, the Project Manager will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with HACLA's request for correction within a reasonable time as determined by HACLA, HACLA or separate contractors under HACLA's direction, may, notwithstanding the The provisions of this clause, proceed to make such corrections or provide such attention and section 4.6 shall survive the costs termination of such correction or attention shall be charged against Contractorthis Agreement. Such action by HACLA will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Contract. Contractor shall replace, repair or restore to HACLA's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. (d) Contractor shall promptly remove from the Site Defective Work and any portions of Work and materials that are nonconforming and which are neither corrected by Contractor nor accepted by HACLA. (e) If, after notice from HACLA, Contractor fails to timely commence correction of Defective Work as required in this clause or fails to diligently prosecute such correction to completion, HACLA may correct the Defective Work in accordance with the above provisions, and, in addition, HACLA may remove the Defective Work and store salvageable materials and equipment at Contractor's expense. (f) If Contractor fails to promptly remove Defective or nonconforming Work from the Site as required by the above provisions or fails or refuses to pay the costs of such removal and storage as required by above the above provisions, HACLA may, within 7 days after written demand, sell such materials at auction or at private sale or otherwise dispose of such material without prejudice to other remedies. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to HACLA, including compensation for HACLA's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to HACLA, the Contract Fees shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to HACLA. (g) Contractor’s warranty with respect to corrective work will run for (one year unless otherwise indicated) from the date of correction completion.

Correction of Defective Work. Notwithstanding 2.26.1 At any time before Mechanical Completion, should any installed material or workmanship be of lesser quality than that specified by the foregoing clauseContract Documents (except for Used Equipment and Materials or materials otherwise approved by Owner), Inspection and Acceptance Contractor shall, upon receipt of Owner's written notice of such nonconformity and the Warranty of Construction clause herein: (a) Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee to Repair Period identified in the Guarantee to Repair Period clause herein and/or (ii) replacebases thereof, repair, or restore to HACLA's satisfaction remove any other parts of the nonconforming Work and any other real or personal property which is Work damaged or destroyed as a result of Defective by the nonconforming Work or and replace the correction of Defective nonconforming Work and any other Work affected by replacing the nonconforming Work, using conforming materials for that specified, all without any expense whatsoever additional cost to HACLA. (b) The Project Manager will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from the Project Manager, but in no case later than 7 days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all losses resulting from such Defective Work, including additional testing, inspection and compensation for HACLA's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to HACLA and in such a manner as to avoid, to the extent practicable, disruption to HACLA's activities. Contractor shall notify HACLA upon completion of repairs. (c) If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of HACLA, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further loss to HACLA or to prevent interruption of operations of HACLA, the Project Manager will attempt to give immediate notice to ContractorOwner. If Contractor canis not be contacted or does not comply with HACLA's request for correction able within a reasonable time after written demand to remove or replace, as determined required by HACLAthe foregoing sentence, HACLA or separate contractors under HACLA's direction, may, notwithstanding the provisions of this clause, proceed to make such corrections or provide such attention and the costs of such correction or attention Contractor shall be charged against Contractorresponsible to Owner for any reasonable costs incurred by Owner in replacing or repairing such nonconforming Work. Such action by HACLA will not relieve Contractor Owner has the option to withhold applicable and reasonable portions of the guarantees payment due Contractor until such replacement or repair Work has been completed. This Section is complementary to, and is to be taken in conjunction with ARTICLE 4 and shall not be construed as limiting Owner's rights or remedies as provided therein. Correction of defective or nonconforming Work after the Mechanical Completion Date is covered by Contractor's warranties and guaranties set forth in this Article or elsewhere in the Contract. Contractor shall replaceARTICLE 4 hereof. 2.26.2 Re-examination of questioned Work may be ordered by Owner and, repair or restore to HACLA's satisfaction any other parts of if so ordered, the Work and any other real or personal propertyshall be uncovered by Contractor, which if necessary. If such Work is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. (d) Contractor shall promptly remove from the Site Defective Work and any portions of Work and materials that are nonconforming and which are neither corrected by Contractor nor accepted by HACLA. (e) If, after notice from HACLA, Contractor fails found to timely commence correction of Defective Work as required in this clause or fails to diligently prosecute such correction to completion, HACLA may correct the Defective Work be in accordance with the above provisionsContract Documents, and, in addition, HACLA may remove the Defective Work and store salvageable materials and equipment at Contractor's expense. (f) If Contractor fails to promptly remove Defective or nonconforming Work from the Site as required by the above provisions or fails or refuses to Owner will pay the costs cost of such removal uncovering and storage covering as required by above Additional Work as a Change Order to the above provisionsContract Price, HACLA may, within 7 days after written demand, sell such materials at auction or at private sale or otherwise dispose of such material without prejudice to other remedies. and Contractor shall be entitled to the proceeds of such sale, if any, in excess an extension of the costs Contract Time for the time required to uncover, test and damages for which Contractor is liable to HACLA, including compensation for HACLA's services and expensesrecover such Work. If such proceeds of sale do the uncovered Work is found not cover costs and damages for which Contractor is liable to HACLA, be in accordance with the Contract Fees shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiencyDocuments, Contractor shall promptly pay all costs of uncovering and covering in addition to the difference costs of correcting the nonconforming Work disclosed and shall not be entitled to HACLAany extension of the Contract Time related thereto. (g) Contractor’s warranty with respect to corrective work will run for (one year unless otherwise indicated) from the date of correction completion.

Correction of Defective Work. Notwithstanding 1. If the foregoing clauseWork is defective, Inspection and Acceptance and or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Warranty Work in such a way that the completed Work will conform to the Contract Documents, the Project Manager may order Contractor to replace the defective work or to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Construction clause herein:Project Manager to stop the Work shall not give rise to any duty on the part of Project Manager to exercise this right for the benefit of Contractor or any other party. (a) 2. If required by Project Manager, Contractor shall promptly, as directed by Project Manager, without cost to City and in accordance with Project Manager's written instructions, (i) correct Defective such defective Work, whether or not fabricated, installed or completed, or, if it has been rejected by Project Manager, remove it from the Site and replace it with Work that becomes apparent during the progress of the Work or during the Guarantee to Repair Period identified in the Guarantee to Repair Period clause herein and/or is not defective, and (ii) replace, repair, satisfactorily correct or restore remove and replace any damage to HACLA's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction work of Defective Workothers resulting therefrom. All claims, without any expense whatsoever to HACLA. (b) The Project Manager will give notice of observed Defective Work with reasonable promptnesscosts, losses, and Contractor shall promptly commence such correction, replacement, repair damages caused by or restoration upon notice resulting from the Project Manager, but in no case later than 7 days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction or removal (including but not limited to completion. Contractor shall bear all costs of repair or replacement of work of others) as well as all costs of City incurred in exercising such correctionrights and remedies (including, replacementbut not limited to, repairthe costs incurred in the examination, evaluation and determination that such defective Work should be corrected or restoration removed and replaced) will be the responsibility of Contractor and a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree on the amount of an appropriate decrease in the Contract Sum, City may deduct from monies due Contractor all losses claims, costs, losses, and damages caused by or resulting from such Defective Workcorrection or removal (including but not limited to all costs of repair or replacement of work of others) as well as all costs of City incurred in exercising such rights and remedies (including, including additional testingbut not limited to, inspection and compensation for HACLA's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to HACLA and in such a manner as to avoid, to the extent practicable, disruption to HACLA's activities. Contractor shall notify HACLA upon completion of repairs. (c) If immediate correction of Defective Work is required for life safety or the protection of property or, if costs incurred in the opinion of HACLAexamination, Defective evaluation and determination that such defective Work creates a dangerous condition should be corrected or requires immediate corrections or attention to prevent further loss to HACLA or to prevent interruption of operations of HACLA, the Project Manager will attempt to give immediate notice to Contractorremoved and replaced). If Contractor cannot be contacted or does not comply disagrees with HACLACity's request for correction within calculation, it may make a reasonable time claim as determined by HACLA, HACLA or separate contractors provided in Paragraph 12. City's rights under HACLA's direction, may, notwithstanding the provisions of this clause, proceed to make such corrections or provide such attention and the costs of such correction or attention paragraph shall be charged against Contractor. Such action by HACLA will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Contract. Contractor shall replace, repair or restore addition to HACLA's satisfaction any other parts rights it may have under the Contract Documents, including, without means of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. (d) Contractor shall promptly remove from the Site Defective Work and any portions of Work and materials that are nonconforming and which are neither corrected by Contractor nor accepted by HACLA. (e) If, after notice from HACLA, Contractor fails to timely commence correction of Defective Work as required in this clause or fails to diligently prosecute such correction to completion, HACLA may correct the Defective Work in accordance with the above provisions, andlimitation, in addition, HACLA may remove the Defective Work Paragraph 9.C.3 and store salvageable materials and equipment at Contractor's expense. (f) If Contractor fails to promptly remove Defective or nonconforming Work from the Site as required by the above provisions or fails or refuses to pay the costs of such removal and storage as required by above the above provisions, HACLA may, within 7 days after written demand, sell such materials at auction or at private sale or otherwise dispose of such material without prejudice to other remedies. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to HACLA, including compensation for HACLA's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to HACLA, the Contract Fees shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to HACLA. (g) Contractor’s warranty with respect to corrective work will run for (one year unless otherwise indicated) from the date of correction completion.9.D.