Making Good Defects Clause Samples

The "Making Good Defects" clause requires a contractor or service provider to repair or rectify any defects or faults in the work they have completed, typically within a specified period after completion. In practice, this means that if issues such as faulty workmanship, materials, or equipment are discovered, the responsible party must return to fix these problems at their own cost. This clause ensures that the client receives work that meets the agreed standards and provides a mechanism for addressing deficiencies, thereby protecting the client from substandard results and encouraging accountability from the contractor.
POPULAR SAMPLE Copied 6 times
Making Good Defects. The Contractor shall be responsible for making good any defect in or damage to any part of the Works which may appear or occur during the Defects Liability Period and which arises from bad workmanship.
View SourceView Similar (3)
Making Good Defects. The Tenant shall notify the Landlord of and make good at the expense of the Tenant all defects or damage caused by the act, default, neglect or omission of the Tenant or any of its servants, agents, employees, contractors or licensees in and to the Premises and other parts of the Buildings.
View SourceView Similar (2)
Making Good Defects. Upon discovery of a Defect, the Client shall have the right, at its option, to: (A) require the Contractor to promptly correct by repair the defective Products, without charging any additional expense to the Client, (B) require the Contractor to promptly replace the defective Products with conforming Products, without charging any additional expense to the Client, (C) require the Contractor to grant the Client a reasonable reduction in the price to be agreed, or failing agreement, fixed in accordance with GC 22.
View SourceView Similar (2)
Making Good Defects. 12.4.1 The Developer shall within a reasonable time procure that all defects, shrinkages or other faults properly notified in accordance with clause 12.2 or properly specified in any schedule delivered to the Construction Manager in accordance with clause 12.3 are caused to be remedied by the Trade Contractors in accordance with the terms of the Trade Contracts, subject to the Tenant complying with clause 12.5. 12.4.2 If the Trade Contractors have not carried out the remedial works required by and in accordance with clause 12.4.1 the Developer shall carry out such works or arrange for them to be carried out at no cost to the Tenant within a reasonable period of time.
View Source
Making Good Defects. The Contractor shall be responsible for rectifying or making good by correction, repair or replacement with all possible speed at its expense any error in, defect or damage to any part of the Works or any other failure of the Works to comply with the Contract which may appear or occur during the relevant Defects Liability Period and which arises either: (a) from any defective materials, workmanship or design (other than a design made, furnished, or specified by the Engineer and with which the Contractor has disagreed in writing within a reasonable time after receipt of it); or (b) from any act or omission of the Contractor its agents, employees or Sub-contractors. If any such defect shall appear or damage occur the Purchaser or the Engineer shall promptly on becoming aware thereof inform the Contractor thereof stating in writing the nature of the defect or damage. The Purchaser shall permit the Contractor access to the Site and the Plant for the purposes of rectifying or making good such defect or damage in accordance with a remedial program prepared by the Purchaser in consultation with the operations and maintenance contractor and agreed with the Contractor. The Contractor shall expedite the rectification and making good as required by such remedial program at its own cost and shall comply with applicable safety, environmental and security regulations during the performance of such work. Making good shall include making good the equipment concerned on all units by modification, repair or replacement regardless of whether they have previously been taken over or not and provision of modified drawings and operation and maintenance manuals. When the Contractor has completed to the satisfaction of the Engineer all such rectification and making good as may be required in respect of any part of the Works and the relevant Defects Liability Period has expired, the Engineer shall in respect of that part of the Works issue a Defects Liability Certificate in the form and substance as set out in Appendix 21. The aforementioned warranty obligations of the Contractor during the Defects Liability Period under this Clause 36 do not extend to (i) any repairs, adjustments, alterations, replacements or maintenance of materials that are required solely as a result of (a) normal wear and tear in the operation of the Biodiesel Project or (b) the Purchaser's failure to operate and maintain the Biodiesel Project in accordance with the operating and maintenance specifications set...
View SourceView Similar (2)
Making Good Defects. Make arrangements with the BTM and give reasonable notice of the precise dates for access to the various parts of the Works for purposes of making good defects. Inform BTM when remedial works to the various parts of the Works are completed.
View Source
Making Good Defects. The Contractor shall, subject to paragraphs 8 and 9 below, be responsible for making good any defect in or damage to any part of the Works which may appear or occur during the Defects Liability Period and which arises from, either:
View Source
Making Good Defects a) Remedial work: The Contractor shall Arrange access with Property Officer.
View Source

Related to Making Good Defects

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Title Defects 9.1 Purchaser shall have until April 21, 1999 in which to examine the Commitment and the Surveys. If Purchaser finds title to be defective, Purchaser shall, no later than 5:00 p.m. Eastern time on April 21, 1999, notify Seller in writing, specifying the title defect(s). If Purchaser fails to give Seller written notice of any title defect(s) before 5:00 p.m. Eastern time on April 21, 1999, the defects shown in the Commitment or the Surveys shall be deemed to be waived as title objections to closing this transaction. 9.2 If Purchaser has given Seller timely written notice of defect(s) and the defect(s) render the title other than as represented in this Agreement or if any new defects appear from the date of the Commitment through the Closing Date, Seller shall use commercially reasonable efforts to cause only those defects recorded after October 7, 1997 to be cured by the Closing Date. Seller agrees to remove, by payment, bonding or otherwise, any such lien (other than environmental liens) against the Property capable of removal by the payment of money or bonding. Seller shall not be obligated to (but may, in its sole and absolute discretion) cure any other defect or to buyout or settle any other claim or lien against the Property. At Seller's option, the Closing Date may be extended for a period not to exceed sixty (60) days for purposes of eliminating such title defects. If such additional time is reasonably required by Seller to cure such title defects, Seller's failure to extend the Closing Date shall be commercially unreasonable. 9.3 If Seller does not eliminate such defects as of the Closing Date, as the same may be extended under the preceding sentence, or if any new "title defects" appear between the date of the Commitment through the Closing Date which Seller does not eliminate as of the Closing Date, Purchaser shall have the option to: 9.3.1 Close and accept the title "as is," without reduction in the Purchase Price and without claim against Seller for such title defects (except for any lien that Seller is required to cure pursuant to Section 9.2 that can be removed by the payment of money or bonding, for which credit shall be given Purchaser at the Closing unless Seller pays the same at the Closing) (and in such event, the Closing shall take place on the Closing Date); or 9.3.2 Cancel this Agreement, whereupon Escrow Agent, subject to the provisions of Section 11.3, shall return the Deposit, together with all interest earned thereon, to Purchaser, and both parties shall be released from all further obligations under this Agreement, except for those which expressly survive such termination, unless such title defects were caused by Seller's willful act or willful omission, in which event Seller shall remain liable to Purchaser for damages caused by such title defects.

  • Environmental Defects If Buyer determines that with respect to the Asset there exists an Environmental Condition (other than with respect to asbestos, asbestos containing materials, or NORM, and excluding any matter set forth on Schedule 6.10) (in each case, an “Environmental Defect”), then on or prior to the Defect Claim Date, Buyer may give Seller a written notice of such Environmental Defect that sets forth the information required by this Section 3.17 (an “Environmental Defect Notice”). For all purposes of this Agreement and notwithstanding anything herein to the contrary, Buyer shall be deemed to have waived any Environmental Defect that Buyer fails to timely and properly assert as an Environmental Defect by an Environmental Defect Notice received by Seller on or before the Defect Claim Date. To be effective, an Environmental Defect Notice must set forth (a) a clear description of the matter constituting the alleged Environmental Defect, (b) a description of each Asset (or portion thereof) affected by the alleged Environmental Defect, (c) the estimated proportionate share attributable to the Assets of the estimated Lowest Cost Response to eliminate the alleged Environmental Defect (the “Environmental Defect Amount”), and (d) supporting documents and reasonably necessary for Seller to verify the existence of the alleged Environmental Defect and the Environmental Defect Amount. Buyer shall furnish Seller, on or before the end of each calendar week prior to the Defect Claim Date, Environmental Defect Notices with respect to any Environmental Defects that any of Buyer’s or any of its Affiliate’s employees, representatives, attorneys, or other environmental personnel or contractors discover or become aware of during the preceding calendar week, which notice may be preliminary in nature and supplemented prior to the Defect Claim Date; provided that notwithstanding this sentence, any Environmental Defect Notice shall be deemed timely if received by Seller prior to the Defect Claim Date.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.