Defective materials and work Clause Samples
Defective materials and work. (a) The Contractor may at any time prior to Practical Completion having been achieved, request that the Subcontractor make good any Works that have Defects, by providing written notice to the Subcontractor.
(b) The Subcontractor acknowledges that it must use its best endeavours to complete all Works and attempt to rectify all Defects prior to Practical Completion.
(c) If the Subcontractor fails to rectify the Defects identified in 10.1(a), or otherwise fails to provide a written response to the Contractor as to why it cannot rectify the Defects identified in any Notice issued by the Contractor pursuant to clause 10.1(a) within 14 days, the Contractor may:
Defective materials and work. All materials which do not meet the requirements of the Specifications at the times they are to be used shall be rejected, unless otherwise authorized as acceptable by the Township in writing. All completed Work that is found to be defective before the final acceptance of the completed Work shall be corrected and replaced immediately in conformance with the Specifications.
Defective materials and work. The inspection of the Work shall not relieve the Contractor of any of its obligations to fulfill the Contract. Defective Work shall be corrected even though the Work and materials have been previously inspected by the Owner and accepted or estimated for payment. Previous failure by the Owner to condemn improper materials and/or workmanship shall not be considered a waiver of defects, nor will this previous failure to condemn improper materials prevent the Owner at any time subsequently from recovering damages for Work actually defective.