DEFECTIVE MATERIALS AND WORKMANSHIP Sample Clauses
The 'Defective Materials and Workmanship' clause establishes the responsibility of a contractor or supplier to ensure that all materials used and work performed meet specified quality standards. In practice, this clause typically requires the contractor to repair, replace, or correct any materials or workmanship found to be defective within a certain period after completion, often at their own expense. Its core function is to protect the client or owner from substandard construction or products, ensuring that any deficiencies are promptly addressed and that the final deliverable meets the agreed-upon standards.
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DEFECTIVE MATERIALS AND WORKMANSHIP. No materials of any kind shall be used until they have been examined and approved by the Engineer, who shall have full power to condemn any work and materials not in accordance with the specifications, and to require the Contractor to remove any work or materials so condemned. Inspections of the work shall not relieve the Contractor from any of his/her obligations to fulfill the contract as herein described, and defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such work or materials may have been previously overlooked by the Engineer and accepted or estimated for payment if the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall immediately make good such defect in a manner satisfactory to the Engineer, and if any material brought upon the ground for use in the work shall be condemned by the Engineer as unsuitable or not in conformity with the drawings or specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. If the Contractor shall fail to remove or replace any defective or damaged materials or work after reasonable notice, the Engineer may cause such material or work to be removed or replaced, and the expense thereof shall be borne by the Contractor.
DEFECTIVE MATERIALS AND WORKMANSHIP. Any cracked or broken material, such as pipe, fittings, valves or hydrants shall be removed and replaced with sound pieces, at the expense of the Contractor. Joints which leak shall be carefully remade. Remade joints and replaced material shall be re-tested under the same conditions of operation. If joints or materials are then found to be defective, they shall be remade and replaced until the line passes the required test.
DEFECTIVE MATERIALS AND WORKMANSHIP. 7.1. The acceptance of any materials, equipment (except BEMC Furnished Materials) or any workmanship by BEMC or the Engineer shall not preclude the subsequent rejection thereof if such materials, equipment, or workmanship shall be found to be defective after delivery or installation, and any such materials, equipment or workmanship found defective before final acceptance of the construction shall he replaced or remedied, as the case may he, by and at the expense of the Contractor. Any such condemned material or equipment shall be immediately removed from the site of the Project by the Contractor at the Contractor’s expense. The Contractor shall not be entitled to any payment hereunder so long as any defective materials, equipment or workmanship in respect to the Project, of which the Contractor shall have had notice, shall not have been replaced or remedied, as the case may be.
DEFECTIVE MATERIALS AND WORKMANSHIP a. The acceptance of any materials (except Owner-furnished materials), equipment or any workmanship by the Owner or the Engineer shall not preclude the subsequent rejection thereof if such materials, equipment, or workmanship shall be found to be defective after delivery or installation, and any such materials, equipment or workmanship found defective before final acceptance of the construction shall be replaced or remedied, as the case may be, by and at the expense of Bidder. Any such condemned material or equipment shall be immediately removed from the site of the Project by Contractor at Contractor's expense. Contractor shall not be entitled to any payment hereunder so long as any defective materials, equipment or workmanship in respect to the Project, of which the Contractor shall have had notice, shall not have been replaced or remedied, as the case may be.
b. Notwithstanding any certificate which may have been given by the Owner if any materials (except Owner-furnished materials), equipment, or any workmanship which does not comply with the requirements of this Contract, shall be discovered within one (1) year after Completion of Annual Construction, Contractor shall replace such defective materials or equipment or remedy any such defective workmanship within thirty (30) days after notice in writing of the existence thereof shall have been given by the Owner. If Contractor shall be called upon to replace any defective materials or equipment or to remedy defective workmanship as herein provided, Owner, if so requested by Contractor shall de-energize that section of the Project involved in such work. In the event of failure by the Contractor to do so, Owner may replace such defective materials or equipment or remedy such defective workmanship, as the case may be, and in such event Contractor shall pay to the Owner the cost and expense thereof.