Correction of Nonconforming Work Clause Samples
The Correction of Nonconforming Work clause requires contractors or service providers to fix any work that does not meet the agreed-upon standards or specifications. Typically, this clause obligates the responsible party to repair, replace, or otherwise remedy defective or substandard work at their own expense, often within a specified timeframe after discovery. Its core function is to ensure that the final deliverables meet contractual quality requirements, thereby protecting the client from having to accept or pay for unsatisfactory work.
Correction of Nonconforming Work. 5.9.1.1 Subject to Section 5.9.2, DB Contractor shall correct Nonconforming Work so as to conform to the requirements of the CMA Documents, at DB Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve DB Contractor of its responsibilities to correct such Nonconforming Work.
5.9.1.2 Unless TxDOT agrees to permit Nonconforming Work in accordance with Section 5.9.2, Nonconforming Work shall be removed and replaced so as to conform to the requirements of the CMA Documents at DB Contractor’s cost and without any adjustment to the Maintenance Price or any other relief, and DB Contractor shall promptly take all action necessary to prevent similar Nonconforming Work from occurring in the future. The fact that TxDOT may not have discovered the Nonconforming Work shall not constitute an acceptance of such Nonconforming Work. If DB Contractor fails to correct any Nonconforming Work within 10 days of receipt of notice from TxDOT requesting correction, or if such Nonconforming Work cannot be corrected within 10 days and DB Contractor fails to (a) provide to TxDOT a schedule acceptable to TxDOT for correcting any such Nonconforming Work within such 10-day period, (b) commence such corrective Work within such 10-day period and
Correction of Nonconforming Work. Subject to Section 5.9.2, Nonconforming Work shall be corrected so as to conform to the requirements of the CMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. If Maintenance Contractor fails to correct any Nonconforming Work within the period set forth in Attachment 1 to Exhibit 2, then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days of delivery of an invoice, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work.
Correction of Nonconforming Work. 5.9.1.1. Subject to Section 5.9.2, Maintenance Contractor shall correct Nonconforming Work so as to conform to the requirements of the COMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work.
5.9.1.2. If Maintenance Contractor fails to correct any Nonconforming Work within the Cure Period set forth in Exhibit 16 to this Comprehensive Maintenance Agreement (or, if no such Cure Period applies to the Nonconforming Work, then within 30 days after Maintenance Contractor obtains knowledge or receives notice thereof), then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days after delivery of an invoice to Maintenance Contractor, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work. Alternatively, TxDOT, in its sole discretion, may deduct TxDOT’s Recoverable Costs from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.
Correction of Nonconforming Work. A. If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner’s observation and be replaced at the CM/GC’s expense and without change in the Contract Time.
B. If, at any time prior to Final Completion, Owner desires to examine the Work, or any portion of it, which has been covered, Owner may request to see such Work and it shall be uncovered by the CM/GC. If such Work is in accordance with the Contract Documents, the CM/GC shall be entitled to an adjustment in the Contract Sum for the costs of uncovering and replacement, and, if completion of the Work is thereby delayed, an adjustment in the Contract Time, provided it makes a request therefor as provided in part 7. If such Work is not in accordance with the Contract Documents, the CM/GC shall pay the costs of examination and reconstruction.
C. the CM/GC shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The CM/GC shall bear all costs of correcting such nonconforming Work, including additional testing and inspections.
D. If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or within one year after the date for commencement of any system warranties established, or within the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the CM/GC shall correct it promptly after receipt of written notice from Owner to do so. Owner shall give such notice promptly after discovery of the condition. This period of one year shall be extended, with respect to portions of Work first performed after Substantial Completion, by the period of time between Substantial Completion and the actual performance of the Work. The CM/GC’s duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. Obligations under this paragraph shall survive Final Acceptance.
E. The CM/GC shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the CM/GC nor accepted by Owner.
F. If the CM/GC fails to correct nonconforming Work within seven days after its receipt ...
Correction of Nonconforming Work. Subject to Section 5.9.2, Nonconforming Work shall be corrected so as to conform to the requirements of the CMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Texas Department of Transportation US 77 from Kingsville to Driscoll September 5, 2012 19 Capital Maintenance Final RFP Agreement Maintenance Contractor of its responsibilities to correct such Nonconforming Work. If Maintenance Contractor fails to correct any Nonconforming Work within the period set forth in Attachment 1 to Exhibit 2, then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days of delivery of an invoice, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work.
Correction of Nonconforming Work. 7.4.1 Subject to the Alamo RMA’s unilateral right to accept or reject Nonconforming Work, rejected Nonconforming Work shall be removed and replaced so as to be acceptable to the Alamo RMA, at Design/Builder’s expense; and Design/Builder shall promptly take all action necessary to prevent similar deficiencies from occurring in the future. The fact that the Alamo RMA may not have discovered the Nonconforming Work shall not constitute an acceptance of such Nonconforming Work. If Design/Builder fails to correct any Nonconforming Work, or fails to provide an acceptable schedule to complete such Nonconforming Work and then begins such work, within five (5) Days of receipt of notice from the Alamo RMA requesting correction, then the Alamo RMA may (i) impose liquidated damages of $5,000 per day until Design/Builder corrects such Nonconforming Work or provides an acceptable schedule for its completion, (ii) issue a stop work order until such correction is made or acceptable schedule for completion is provided, and/or (iii) cause the Nonconforming Work to be remedied or removed and replaced and may deduct the cost of doing so from any moneys due or to become due Design/Builder and/or obtain reimbursement from Design/Builder for such cost (plus interest thereon at the maximum rate allowable under applicable Law). The procedures for correction of Nonconforming Work set forth in the Construction QMP shall be consistent with the requirements of this Section 7.4.
7.4.2 The Alamo RMA may, but shall not be obligated to, accept any Nonconforming Work without requiring it to be fully corrected. In such event, the Alamo RMA shall be entitled to reimbursement of a portion of the Development Price equal to the greater of (a) the diminution in value of the Project attributable to the Nonconforming Work, including the present value of future maintenance and repair costs that the Alamo RMA anticipates may be required as a result of the nonconformity, and (b) the difference between the cost of performing the work in question in accordance with the Contract Documents and the actual cost of performing the Nonconforming Work. Such reimbursement by Design/Builder shall be made within ten (10) Days of the Alamo RMA’s submittal to Design/Builder of an invoice therefor and shall accrue interest at the maximum rate allowable under applicable Law. Alternatively, the Alamo RMA may deduct the amount owing from any sum owed by the Alamo RMA to Design/Builder pursuant to this Agreement. Where a...
Correction of Nonconforming Work. A. Work covered by Contractor without inspection: If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner’s observation and be replaced at the Contractor’s expense and without change in the Contract Time.
B. Payment provisions for uncovering covered Work: If, at any time prior to Final Completion, Owner desires to examine the Work, or any portion of it, which has been covered, Owner may request to see such Work and it shall be uncovered by Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Contract Sum for the costs of uncovering and replacement, and, if completion of the Work is thereby delayed, an adjustment in the Contract Time, provided it makes such a request as provided in Part 7. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction.
C. Contractor to correct and pay for non- conforming Work: Contractor shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections.