Common use of Correction of Nonconforming Work Clause in Contracts

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 of written notice to do so, Owner may replace, correct, or remove the nonconforming Work and charge the cost thereof to the CM/GC. G. The CM/GC shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, caused by the CM/GC’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents. H. Nothing contained in this section shall be construed to establish a period of limitation with respect to other obligations which the CM/GC might have according to the Contract Documents. Establishment of the time period of one year as described in paragraph 5.16D relates only to the specific obligation of the CM/GC to correct the Work, and has no relationship to the time within which the CM/GC’s obligation to comply with the Contract Documents may be sought to be enforced, including the time within which such proceedings may be commenced. I. If Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Contract Sum may be reduced as appropriate and equitable.

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 CM/GCContractor’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 the CM/GCContractor. If such Work is in accordance with the Contract Documents, the CM/GC 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 therefor as provided in part Part 7. If such Work is not in accordance with the Contract Documents, the CM/GC Contractor shall pay the costs of examination and reconstruction. C. the CM/GC 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. The CM/GC Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections. D. Contractor’s compliance with warranty provisions: 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 establishedestablished under Part 6.7, 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 Contractor 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/GCContractor’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 Contractor to remove non-conforming Work: Contractor 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 Contractor nor accepted by Owner. F. Owner may charge Contractor for non-conforming Work: If the CM/GC Contractor fails to correct nonconforming Work within seven days a reasonable time after its receipt of written notice to do so, Owner may replace, correct, or remove the nonconforming Work and charge the cost thereof to the CM/GCContractor. G. The CM/GC shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, caused by the CM/GC’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents. H. Nothing contained in this section shall be construed to establish a period of limitation with respect to other obligations which the CM/GC might have according to the Contract Documents. Establishment of the time period of one year as described in paragraph 5.16D relates only to the specific obligation of the CM/GC to correct the Work, and has no relationship to the time within which the CM/GC’s obligation to comply with the Contract Documents may be sought to be enforced, including the time within which such proceedings may be commenced. I. If Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Contract Sum may be reduced as appropriate and equitable.