Common use of Defective Materials Clause in Contracts

Defective Materials. All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.

Appears in 1 contract

Sources: Agreement for Public Improvements

Defective Materials. All materials Materials not conforming to meeting the requirements of these specifications shall Specifications will be considered as defective and defective. The Engineer will reject all such materials, whether in place or not, shall be rejected. They shall be removed Remove all rejected material immediately from the site of the Workwork and from storage areas, unless otherwise permitted by at no expense to the EngineerDepartment. No Do not use material that has been rejected material, and the defects of which have been subsequently corrected, shall be used until approval in writing the Engineer has been given by approved the Engineermaterial’s use. Upon failure on the part of the Contractor to comply forthwith promptly with any order of the Engineer made under the provisions of this articleArticle, the Engineer shall have has the authority to remove and replace have the defective material removed and to replaced by other forces and deduct the cost of removal and replacement from any monies moneys due or to become due the Contractor.

Appears in 1 contract

Sources: Bid Specifications and Standard Agreement