CORRECTION OF WORK BEFORE ACCEPTANCE. The Contractor shall promptly remove from the premises all Work or materials condemned or declared irreparably defective as failing to conform to the Contract Documents on receipt of written Notice from the Architect/Engineer or the Principal Representative, whether incorporated in the Work or not. If such materials shall have been incorporated in the Work, or if any unsatisfactory Work is discovered, the Contractor shall promptly replace and re-execute his or her Work in accordance with the requirements of the Contract Documents without expense to the Principal Representative, and shall also bear the expense of making good all Work of other contractors destroyed or damaged by the removal or replacement of such defective material or Work. Should any defective Work or material be discovered during the process of construction, or should reasonable doubt arise as to whether certain material or Work is in accordance with the Contract Documents, the value of such defective or questionable material or Work shall not be included in any application for payment, or if previously included, shall be deducted by the Architect/Engineer from the next application submitted by the Contractor. If the Contractor does not perform repair, correction and replacement of defective Work, in lieu of proceeding by issuance of a Notice of intent to remove condemned Work as outlined above, the Principal Representative may, not less than seven (7) days after giving the original written Notice of the need to repair, correct, or replace defective Work, deduct all costs and expenses of replacement or correction as instructed by the Architect/Engineer from the Contractor’s next application for payment in addition to the value of the defective Work or material. The Principal Representative may also make an equitable deduction from the Contract sum by unilateral Change Order, in accordance with Article 33, Payments Withheld and Article 35, Changes In The Work. If the Contractor does not remove such condemned or irreparably defective Work or material within a reasonable time, the Principal Representative may, after giving a second seven (7) day advance Notice to the Contractor and the Surety, remove them and may store the material at the Contractor’s expense. The Principal Representative may accomplish the removal and replacement with its own forces or with another Contractor. If the Contractor does not pay the expense of such removal and pay all storage charges within ten (10) days thereaft...
CORRECTION OF WORK BEFORE ACCEPTANCE. Design-Builder shall promptly remove from the Site all work condemned by Owner, Owner’s approved representative, or Project Inspector as failing to conform to Construction Document requirements, the Agreement, building codes, ADA, Title 24, or Field Act requirements, whether incorporated or not. Design-Builder shall promptly replace and re-execute its own work to comply with the Construction Documents without change in the GMP and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. If Design-Builder does not remove such condemned work within a reasonable time, fixed by written notice, Owner may remove it and may store the material at Design-Builder’s expense. If Design-Builder does not pay expenses of such removal within sixty (60) days thereafter, Owner may, upon thirty (30) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Design-Builder. If Design-Builder fails to correct any damaged work, items of poor quality, or improperly performed work within a reasonable period of time, in no case exceeding ten (10) days after written notice by Owner, Owner may deem it inexpedient to correct such work and at the Owner’s sole discretion, the value of such work shall be deducted from any payments due Design-Builder and the Owner shall not be responsible for the payment of such amount. CONTRACT CLOSE-OUT
