Defective Works Clause Samples
Defective Works. Prior to Substantial Completion:
(a) Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated into the Expansion Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Baseline Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of Contracting Authority is determined to adversely affect the day to day operation of Contracting Authority.
(b) Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense.
(c) If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Works as performed and that called for by the Project Agreement. If Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.
Defective Works. 6.1. If, during the Defects Liability Period, any of the Works is found to be Defective, the Contractor shall carry out rectification work and re-test all rectified Works as reasonably directed by UW and at times and in a manner so as not to inconvenience UW or any other persons performing work at the Site.
6.2. If the Contractor fails to complete the rectification work as directed, UW may have the rectification work carried out by others, without prejudice to any other rights and remedies UW may have. The reasonable cost incurred for the rectification work will be monies due and payable by the Contractor to UW.
Defective Works. Replace all affected and low quality timer to veranda balustrades.
Defective Works. 4.1 Any defects liability period is assumed not to exceed 12 months from practical completion of the Works.
4.2 The Customer must further give DMC a reasonable opportunity to inspect and test (including via a consultant or expert) the alleged non-conforming aspect of the Work.
4.3 DMC shall further be given a reasonable opportunity to attend to rectification of any failure of the Works to conform to the Contract.
Defective Works. (a) Project Co shall promptly remove from the Site and replace or re-execute defective Works that fails to conform to the Project Agreement whether or not the defective Works has been incorporated in the Works and whether or not the defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of defective Works shall be at Project Co‟s expense. Project Co shall rectify, in a manner acceptable to the Independent Certifier, all defective Works and deficiencies throughout the Works, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any defective Works so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any defective Works that in the sole discretion of HMQ is determined to adversely affect the day to day operation of HMQ.
(b) Project Co shall Make Good promptly other contractors‟ work destroyed or damaged by such rectifications at Project Co‟s expense.
(c) If in the opinion of the Independent Certifier it is not expedient to correct defective Works or Works not performed as provided in the Project Agreement, HMQ may deduct from the amount of the Guaranteed Price the difference in value between the work as performed and that called for by the Project Agreement. If HMQ and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.
Defective Works. The Consultant agrees to promptly and without charge correct any defective works carried out by it provided that such defects are notified to the Consultant within a reasonable period of time after the end of the related Work Order.
Defective Works. All defective works are liable to be demolished, rebuilt and defective materials replaced by the Contractor at his own cost and without involving any time extension.
Defective Works. All defective works are liable to be demolished, rebuilt and defective materials replaced by the contractor at his own cost. In the event of such works being accepted by carrying out repairs etc., as specified by the Engineer, the cost of repairs will be borne by the contractor. The information given hereunder and provided elsewhere in these documents is given in good faith by the Employer but the Contractor shall satisfy himself regarding all aspects of site conditions and no claim will be entertained on the plea that the information supplied by the Employer is erroneous or insufficient. In general, the topography of the road is mountainous. The approximate longitude and latitude of the State is 310 26’ 10” N Lat. 310 41’ 54” N Lat. and longitude of 760 42’ 54” E Long. to 760 49’ 10” E Long. The heights within Himachal Pradesh vary between 800m to more than 1400m The maximum temperature is around 37 degrees C in the month of May. The temperature varies from a maximum of 37 degrees C during the summer (July to September) to a minimum of 0 to 4 degrees during the coldest winter (January and February). The normal average annual rainfall in the project area is approximately 1250 mm. Most of it occurs during the monsoon months of June through September. The Project road traverses through the snow bound area. The works are located in Seismic Zone-V as defined in IRC: 6-2000. The additional specifications shall comprise of specifications for particular items of work not covered in Part – A and Part - B above. The following Appendices describing additional specifications have been added to the Part – A, Standard Specifications: CLAUSE A-1 PLANTATION OF TREES AND ▇▇▇▇▇▇ CLAUSE A-2 CHUTE DRAIN FOR HIGH EMBANKMENT SECTIONS CLAUSE A-3 UTILITY DUCTS CLAUSE A-4 CONTROL BLASTING CLAUSE A-5 SPECIFICATIONS FOR SCARIFICATION OF EXISTING PAVEMENT AND PROVIDING OVERLAY WITH GRANULAR BASE/DBM. CLAUSE A-6 FILLING OF OPEN ▇▇▇▇▇ CLAUSE A-7 WAY SIDE AMENITIES AND TRUCK PARKING SITES CLAUSE A-8 CURING USING LIQUID MEMBRANE FORMING COMPOUND CLAUSE A-9 SPECIFICATION FOR GUARD POST CLAUSE A-10 SPECIFICATION FOR PASSENGER SHELTER CLAUSE A-11 SPECIFICATION FOR PAINTING OF STRUCTURES WITH SYNTHETIC ENAMEL CLAUSE A-12 CONSTRUCTION OF GABION WALL CLAUSE A-13 CONSTRUCTION OF RE WALL WITH GABION WIRE MESH SYSTEM CLAUSE A-14 GROUTED DOWELS FOR SLOPE STABILITY AND PROTECTION WORKS CLAUSE A-15 TEMPORARY BARRICADING FOR STOPPAGEW OF CUT MATERIAL FROM SPREADING ON THE ROAD CLAUSE A-16 SEISMIC RC...
Defective Works. 6.1 Where the Customer considers any aspect of the Works to be defective, the Customer must give WA Custom Glass:
6.1.1 notice of that defect in writing within 7 days of the Customer becoming aware of the defect;
6.1.2 a reasonable opportunity to inspect and test (including via a consultant or expert) the alleged defective aspect of the Work; and
6.1.3 a reasonable opportunity to attend to rectification of any defective Works.