Common use of Defective Works Clause in Contracts

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. (a) Project Co shall promptly remove from the Site and replace or re-execute defective Works that fails to conform to the Project Agreement Contract Documents 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 Co’s expense. Project Co shall rectify, in a manner acceptable to the Independent CertifierHMQ Representative, all defective Works and deficiencies throughout the Works, whether or not they are specifically identified by the Independent CertifierHMQ Representative, 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 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‟ contractors’ work destroyed or damaged by such rectifications at Project Co‟s Co’s expense. (c) If in the opinion of the Independent Certifier HMQ Representative it is not expedient to correct defective Works or Works not performed as provided in the Project AgreementContract Documents, 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 AgreementContract Documents. If HMQ and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier HMQ Representative for a determination and the determination will be issued as a Variation.