Common use of CORRECTION OF WORK BEFORE FINAL PAYMENT Clause in Contracts

CORRECTION OF WORK BEFORE FINAL PAYMENT. 1. When Work is rejected by the Commission as failing to conform to the Contract Documents, the Design-Builder must promptly remove such Work, including all related materials and equipment, whether incorporated in the Work or not, from the Site. The Design-Builder will promptly replace and re-execute such Work in accordance with the Contract Documents and without expense to the Commission. Design-Builder will also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. 2. If the Design-Builder does not remove such rejected Work, materials, and equipment within a reasonable time, as determined by written notice of the Commission, the Commission may, at the expense of the Design-Builder, remove and dispose of such rejected Work as the Commission sees fit. If the Design-Builder does not pay the cost and expenses of such removal within 10 Days, the Commission may deduct all such costs and expenses from any monies due the Design-Builder. 3. If the Work deviates from the requirements of the Contract Documents, the Design-Builder will be responsible for all resulting damages. A claim by the Design-Builder that performing the Work without deviation from what is required by the Contract Documents would also have caused or resulted in damages will not be available to the Design-Builder as a defense or a claim to reduce the Design-Builder’s liability. This provision does not limit the other rights of the Commission or Architect or other obligations of the Design-Builder.

CORRECTION OF WORK BEFORE FINAL PAYMENT. 1. When Work is rejected by the Commission as failing to conform to the Contract Documents, the Design-Builder must promptly remove such Work, including all related materials and equipment, whether incorporated in the Work or not, from the Site. The Design-Builder will promptly replace and re-execute such Work in accordance with the Contract Documents and without expense to the Commission. Design-Builder will also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. 2. If the Design-Builder does not remove such rejected Work, materials, and equipment within a reasonable time, as determined by written notice of the Commission, the Commission may, at the expense of the Design-Builder, remove and dispose of such rejected Work as the Commission sees fit. If the Design-Builder does not pay the cost and expenses of such removal within 10 Days, the Commission may deduct all such costs and expenses from any monies due the Design-Builder. 3. If the Work deviates from the requirements of the Contract Documents, the Design-Builder will be responsible for all resulting damages. A claim by the Design-Builder that performing the Work without deviation from what is required by the Contract Documents would also have caused or resulted in damages will not be available to the Design-Builder as a defense or a claim to reduce the Design-Builder’s liability. This provision does not limit the other rights of the Commission or Architect or other obligations of the Design-Builder. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers.