CORRECTION OF WORK BEFORE FINAL PAYMENT. (a) The Contractor shall promptly remove from the Work Site all materials, equipment or other items rejected by the Engineer or the Owner as failing to conform to the Contract Documents, whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute its original work to comply with the Contract Documents without expense to the Owner. In addition, the Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. (b) If the Contractor does not remove rejected material, equipment or other items within a reasonable time (as fixed by written notice from the Owner, or the Engineer), the Engineer or the Owner may remove such items and store them at the expense of the Contractor, or dispose of such material, equipment or other items at the sole discretion of the Owner. If the Contractor does not pay the expense of such removal or storage within ten (10) days, the Owner may, upon ten (10) days written notice, sell such items at auction or at private sale and shall account for the net proceeds of such sale, after deducting all the costs and expenses of removal that should have been borne by the Contractor.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Lump Sum Construction Contract
CORRECTION OF WORK BEFORE FINAL PAYMENT. (a) The Contractor shall promptly remove from the Work Site all materials, equipment or other items rejected by the Engineer or the Owner as failing to conform to the Contract Documents, whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute its original work to comply with the Contract Documents without expense to the Owner. In addition, the Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
(b) If the Contractor does not remove rejected material, equipment equipment, or other items within a reasonable time (as fixed by written notice from the Owner, or the Engineer), the Engineer or the Owner may remove such items and store them at the expense of the Contractor, or dispose of such material, equipment or other items at the sole discretion of the Owner. If the Contractor does not pay the expense of such removal or storage within ten (10) days, the Owner may, upon ten (10) days written notice, sell such items at auction or at private sale and shall account for the net proceeds of such sale, after deducting all the costs and expenses of removal that should have been borne by the Contractor.
Appears in 1 contract
Sources: Lump Sum Construction Contract
CORRECTION OF WORK BEFORE FINAL PAYMENT. (a) The Contractor shall promptly remove from the Work Site all materials, equipment or other items rejected by the Engineer or the Owner as failing to conform to the Contract Documents, whether incorporated in the Work or not, and the Contractor shall promptly replace and re-execute its original work to comply with the Contract Documents without expense to the Owner. In addition, the Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.
(b) If the Contractor does not remove rejected material, equipment equipment, or other items within a reasonable time (as fixed by written notice from the Owner, or the Engineer), the Engineer or the Owner may remove such items and store them at the expense of the Contractor, or dispose of such material, equipment equipment, or other items at the sole discretion of the Owner. If the Contractor does not pay the expense of such removal or storage within ten (10) days, the Owner may, upon ten (10) days written notice, sell such items at auction or at private sale and shall account for the net proceeds of such sale, after deducting all the costs and expenses of removal that should have been borne by the Contractor.
Appears in 1 contract
Sources: Lump Sum Construction Contract