Common use of Correction of the Work Clause in Contracts

Correction of the Work. The Customer shall have the right and authority to reject Work which does not conform to the Contract Documents. The ESCO shall promptly correct Work rejected by the Customer for failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within the warranty period set forth in Section 5.10. The provisions of this Section 4.11 apply to Work done by Subcontractors as well as to Work done by direct employees of the ESCO. 4.11.1 If the ESCO fails to correct the Work, or any portion thereof, that is not in accordance with the requirements of the Contract Documents or fails to carry out Work or provide information in accordance with the Contract Documents, and the ESCO, after receipt of written notice from the Customer, either (i) has not cured such failure within seven (7) days or (ii) if the nature of the failure is such that it is not capable of cure within seven (7) days, has not reached agreement with the Customer for a plan to cure such failure or has not commenced and diligently and continuously pursued the cure of such failure in accordance with such plan within such seven (7) day period, then the Customer, by written order signed by the Customer or by an agent specifically so empowered by the Customer in writing, may order the ESCO to stop the Work, or any portion thereof, until the cause for such order has been eliminated or the ESCO has provided the Customer with a plan for corrective action acceptable to the Customer in its reasonable judgment. The right of the Customer to stop the Work shall not, however, give rise to a duty on the part of the Customer to exercise this right for the benefit of the ESCO or any other person or entity. 4.11.2 Nothing contained in this Section 4.11 shall be construed to establish a period of limitation with respect to other obligations which the ESCO might have under the Contract Documents. Establishment of such time period as described in this Section 4.11 relates only to the specific obligation of the ESCO to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the ESCO's liability with respect to the ESCO's obligations other than specifically to correct the Work.

Correction of the Work. The Customer shall have the right and authority to reject Work which does not conform to the Contract Documents. The ESCO shall promptly correct Work rejected by the Customer for failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within the warranty period set forth in Section 5.10. The provisions of this Section 4.11 apply to Work done by Subcontractors as well as to Work done by direct employees of the ESCO. 4.11.1 If the ESCO fails to correct the Work, or any portion thereof, that is not in accordance with the requirements of the Contract Documents or fails to carry out Work or provide information in accordance with the Contract Documents, and the ESCO, after receipt of written notice from the Customer, either (i) has not cured such failure within seven twenty-one (721) days or (ii) if the nature of the failure is such that it is not capable of cure within seven twenty-one (721) days, has not reached agreement with the Customer for a plan to cure such failure or has not commenced and diligently and continuously pursued the cure of such failure in accordance with such plan within such seven twenty-one (721) day period, then the Customer, by written order signed by the Customer or by an agent specifically so empowered by the Customer in writing, may order the ESCO to stop the Work, or any portion thereof, until the cause for such order has been eliminated or the ESCO has provided the Customer with a plan for corrective action acceptable to the Customer in its reasonable judgment. The right of the Customer to stop the Work shall not, however, give rise to a duty on the part of the Customer to exercise this right for the benefit of the ESCO or any other person or entity. 4.11.2 Nothing contained in this Section 4.11 shall be construed to establish a period of limitation with respect to other obligations which the ESCO might have under the Contract Documents. Establishment of such time period as described in this Section 4.11 relates only to the specific obligation of the ESCO to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the ESCO's liability with respect to the ESCO's obligations other than specifically to correct the Work.