Common use of Defective Clause in Contracts

Defective. When modifying the word “Work” refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.

Appears in 9 contracts

Sources: Construction Agreement, Construction Agreement, Construction Agreement

Defective. When 1. The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: a. does not conform to the Contract Documents or Documents; or b. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or ; or c. has been damaged prior to the Project ManagerCity’s recommendation of final paymentwritten acceptance.

Appears in 8 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Defective. When 1. The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project ManagerENGINEER’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).

Appears in 6 contracts

Sources: Maintenance Contract, Maintenance Contract, Maintenance Contract

Defective. When modifying the word term “Work” refers ”, referring to work Work that is unsatisfactory, faulty, faulty or deficient, or does not conform to the Contract Documents Documents, or that does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or that has been damaged prior to the Project ManagerOwner’s recommendation approval of final paymentpayment (unless responsibility for the protection thereof has been assumed by Owner).

Appears in 4 contracts

Sources: Construction Management Agreement, Construction Agreement, Construction Agreement

Defective. When An adjective which, when modifying the word Work, refers to work Work that is unsatisfactory, faulty, or deficient, or in that it does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project ManagerENGINEER’s recommendation of final payment.

Appears in 3 contracts

Sources: Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services

Defective. When The word "defective," when modifying the word "Work," refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s Architect's recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with the terms of the Contract Documents).

Appears in 3 contracts

Sources: Construction Agreement, Construction Agreement, Design Bid Build Contractor Services

Defective. When The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: 1. does not conform to the Contract Documents or Documents; 2. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or ; or 3. has been damaged prior to the Project ManagerEngineer’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

Appears in 3 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Defective. When An adjective which when modifying the word “Work” refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.

Appears in 3 contracts

Sources: Construction Agreement, Construction Agreement, Construction Agreement

Defective. When 1. The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project ManagerARCHITECT’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).

Appears in 2 contracts

Sources: Contract, Contract

Defective. When An adjective which, when modifying the word Work, refers to work Work that is unsatisfactory, faulty, or deficient, or in that it does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s MSS recommendation of final payment.

Appears in 2 contracts

Sources: On Call Professional Mechanical, Hvac, Fire Alarm Services Agreement, On Call Professional Mechanical, Hvac, Fire Alarm Services Agreement

Defective. When An adjective which, when modifying the word Work, refers to work Work that is unsatisfactory, faulty, or deficient, or in that it does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s Engineer's recommendation of final payment.

Appears in 2 contracts

Sources: On Call Professional Engineering Agreement, Professional Services

Defective. When An adjective which, when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficientdeficient (which may be apparent or latent), or does not conform to the Contract Documents or does not meet the requirements of any inspection, test test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.

Appears in 1 contract

Sources: Contract Document

Defective. When 1. The word “defective”, when modifying the word “Work”, refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: a. does not conform to the Contract Documents or Documents, b. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or or c. has been damaged prior to the Project ManagerENGINEER’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

Appears in 1 contract

Sources: Construction Contract

Defective. When The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: 1. does not conform to the Contract Documents or Documents; or 2. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or ; or 3. has been damaged prior to Owner’s Final Payment (unless responsibility for protection thereof has been assumed by Owner at Substantial Completion) provided that the Project Manager’s recommendation of final paymentdefect was not caused by an Owner Indemnitee.

Appears in 1 contract

Sources: Construction Management Agreement

Defective. When 1. The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: a. does not conform to the Contract Documents or Documents; or b. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or ; or c. has been damaged prior to the Project ManagerEngineer’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

Appears in 1 contract

Sources: Basic Form Agreement

Defective. When 1. The word "defective," when modifying the word "Work," refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: a. does not conform to the Contract Documents Documents, or b. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.or

Appears in 1 contract

Sources: Annual Service Agreement

Defective. When An adjective which when modifying the word “Work” "work" refers to work that is unsatisfactory, faulty, faulty or deficient, or does not conform to the Contract Documents contract documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documentscontract documents, or has been damaged prior to (unless responsibility for the Project Manager’s recommendation of final paymentprotection thereof has been assumed by County).

Appears in 1 contract

Sources: Standard Public Works Contract

Defective. When An adjective which, when modifying the word Work, refers to work Work that is unsatisfactory, faulty, or deficient, or in that it does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, test referenced standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project ManagerEngineer’s recommendation of final payment.

Appears in 1 contract

Sources: Master Agreement for Professional Services

Defective. When An adjective which when modifying the word “Work” refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.. Rev. 3/20/2014 C-2

Appears in 1 contract

Sources: Construction Agreement

Defective. When modifying the word “Work” refers to work Work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.

Appears in 1 contract

Sources: Construction Agreement

Defective. When An adjective which when modifying the word “Work” Work refers to work Work that is unsatisfactory, faulty, faulty or deficient, or does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Project ManagerENGINEER’s recommendation of final payment.final

Appears in 1 contract

Sources: General Conditions

Defective. When An adjective which, when modifying the word Work, refers to work Work that is unsatisfactory, faulty, or deficient, or in that it does not conform to the Contract Documents Documents, or does not meet the requirements of any inspection, test reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s ENGINEER's recommendation of final payment.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Engineer for Professional Services

Defective. When The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: 1. does not conform to the Contract Documents or Documents; 2. does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or ; or 3. has been damaged prior to the Project ManagerOwner’s Advisor’s recommendation of final paymentpayment unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.04 or Paragraph 15.05.

Appears in 1 contract

Sources: Construction Manager at Risk Contract

Defective. When The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or does deficient in that it: 1. Does not conform to the Contract Documents or does Documents; 2. Does not meet the requirements of any applicable inspection, test reference standard, test, or approval referred to in the Contract Documents, or has ; or 3. Has been damaged prior to the Project ManagerEngineer’s recommendation of final paymentpayment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

Appears in 1 contract

Sources: Construction Agreement

Defective. When The word “defective,” when modifying the word “Work,” refers to work Work that is unsatisfactory, faulty, or deficient, or deficient in that it: 1. does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment.;

Appears in 1 contract

Sources: Construction Contract