Common use of Failure to Carry Out Work Clause in Contracts

Failure to Carry Out Work. If and to the extent that the Contractor fails to carry out the necessary rectification and/or maintenance work to the Required Standard within the specified period as notified pursuant to Clause 41.5.2, the Authority shall be entitled to carry out itself, or procure, such rectification and/or maintenance work to the Required Standard at the Contractor’s expense and shall be entitled to make withdrawals from the Retention Fund Account or, where there are insufficient funds in the Retention Fund Account, make deductions from the Unitary Charge to pay for such work provided that the costs incurred by the Authority shall be reasonable and properly and necessarily incurred. Deductions made to the Unitary Charge pursuant to this Clause 41.8 shall not count towards percentage reductions for the purposes of Clauses 35 (Termination) and 37 (Warning Notices).

Failure to Carry Out Work. If and to the extent that the Contractor fails to carry out the necessary rectification and/or maintenance work to the Required Standard within the specified period as notified pursuant to Clause 41.5.2, the Authority shall be entitled to carry out itself, or procure, such rectification and/or maintenance work to the Required Standard at the Contractor’s expense and shall be entitled to make withdrawals from the Retention Fund Account or, where there are insufficient funds in the Retention Fund Account, make deductions from the Unitary Charge to pay for such work provided that the costs incurred by the Authority shall be reasonable and properly and necessarily incurred. Deductions made to the Unitary Charge pursuant to this Clause 41.8 shall not count towards percentage reductions for the purposes of Clauses 35 (Termination) and 37 (Warning Notices).