Common use of Deductions for Uncorrected Work Clause in Contracts

Deductions for Uncorrected Work. If the Architect/Engineer and the Principal Representative deem it inexpedient to correct Work damaged or not performed in accordance with the Contract Documents, the Principal Representative may, after consultation with the Architect/Engineer and ten (10) days’ Notice to the Contractor of intent to do so, make reasonable reductions from the amounts otherwise due the Contractor on the next application for payment. Notice shall specify the amount or terms of any contemplated reduction. The Contractor may during this period correct or perform the Work. If the Contractor does not correct or perform the Work, an equitable deduction from the Contract sum shall be made by Change Order, in accordance with Article 35, Changes in The Work, unilaterally if necessary. If either party elects’ facilitation of this issue after Notice is given, the ten-day (10) notice period shall be extended and tolled until facilitation has occurred.

Deductions for Uncorrected Work. If the Principal Representative or the Architect/Engineer and the Principal Representative deem it inexpedient to correct Work damaged or not performed in accordance with the Contract Documents, the Principal Representative may, after consultation with the Architect/Engineer and ten (10) days’ Notice to the Contractor Design/Build Entity of intent to do so, make reasonable reductions from the amounts otherwise due the Contractor Design/Build Entity on the next application for payment. Notice shall specify the amount or terms of any contemplated reduction. The Contractor Design/Build Entity may during this period correct or perform the Work. If the Contractor Design/Build Entity does not correct or perform the Work, an equitable deduction from the Lump Sum Contract sum Price shall be made by Change Order, in accordance with Article 35, Changes in In The Work, unilaterally if necessary. If either party elects’ elects facilitation of this issue after Notice is given, the ten-day (10) notice period shall be extended and tolled until facilitation has occurred.