ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY CITY. City may accept Defective Work. Contractor shall pay all claims, costs, losses and damages attributable to City’s evaluation of and determination to accept such Defective Work. If City accepts any Defective Work prior to final payment, an Amendment will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract sum, City may deduct from moneys due Contractor, all claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If Contractor disagrees with City’s calculations, Contractor may make a claim. If City accepts any Defective Work after final payment, Contractor shall pay to City, an appropriate amount as determined by City. City may correct and remedy deficiency if, after five Days’ written notice to Contractor, Contractor fails to correct Defective Work or to remove and replace rejected Work in accordance with this Contract; or provide a plan for correction of Defective Work acceptable to City; or perform Work in accordance with Contract Documents. In connection with such corrective and remedial action, City may exclude Contractor from all or part of the Site; take possession of all or part of Work and suspend Contractor’s Work related thereto; take possession of all or part of Contractor’s tools, appliances, construction equipment and machinery at the Site; and incorporate in Work any materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, its representatives, agents, employees, and other contractors and Engineer’s consultants access to the Site to enable City to exercise the rights and remedies under this paragraph. Contractor shall be responsible for all claims, costs, losses, damages, expenses and liabilities incurred or sustained by City in exercising such rights and remedies. An amendment will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract sum, City may deduct from moneys due Contractor, all claims, costs, losses and damages caused by or resulting from the correction or removal. If Contractor disagrees with City’s calculations, Contractor may make a claim as provided herein.
ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY CITY. 1. City may accept defective Work: If, instead of requiring correction or removal and replacement of defective Work, City (and, prior to final payment, also Project Manager) prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses and damages attributable to City's evaluation of and determination to accept such defective Work. If any such acceptance occurs prior to final payment, a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work, unless the parties are unable to agree upon an appropriate decrease in the Contract Sum, in which case City may deduct from monies due Contractor the amount of any and all claims, costs, losses (including diminution in value), damages, expenses and liabilities attributable to the defective work. If Contractor disagrees with the deduction, the Contractor may make a claim as provided in Paragraph 12. If the acceptance occurs after Final Payment, an appropriate amount shall be paid by Contractor as determined by City.
