Non-Conforming Work. If the Owner (by way of BCI's or other Owner personnel or consultant) observes or otherwise becomes aware of any fault or defective Work in a project, or other non- conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project Consultant. However, whether the Owner observes a defect or not, it is the Project Consultant’s duty and responsibility to determine whether said Work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant shall advise the Owner in writing and make recommendations to the Owner concerning correction of the Work. The Owner may then require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work is defective, faulty or in compliance with the Contract Documents is to be determined by the Owner.
Non-Conforming Work. Work that does not meet the requirements of the Contract Documents.
Non-Conforming Work. 5.10.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents.
Non-Conforming Work. In the event of the occurrence of a Defect in the Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:
Non-Conforming Work. The Construction Manager shall, in conjunction with the District’s inspector, review contractor’s recommendations for corrective action on observed non-conforming work. The Construction Manager shall make recommendations to the District, the Architect and District’s inspector in instances where the Construction Manager observes work that, in its opinion, is defective or not in conformance with the contract documents. The Construction Manager shall assist the District’s inspector in observing the Contractor’s work to verify that all authorized changes are properly incorporated in the Project. The Construction Manager shall report to the District regarding the status of such activity and provide a written record of the same.
Non-Conforming Work. The City’s progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract or the Contract Documents.
Non-Conforming Work. OCPW/OM Project Manager may reduce payment for any of the following; non-compliant work, noncompliant work left in place; corrective work or unauthorized work.
Non-Conforming Work. Contractor will, in conjunction with District’s IOR, review Trade Contractor’s recommendations for corrective action and make appropriate recommendations on observed non-conforming work. Contractor will make recommendations to District, its consultants, the Architect, and District’s IOR in instances where Contractor observes work that, in its opinion, is defective or not in conformity with the Contract Documents. Contractor shall assist District’s IOR in observing the Trade Contractor work to verify that all authorized corrections and/or changes are properly incorporated into the Project. Contractor shall report to District regarding the status of such activity and provide a written record of the same.
Non-Conforming Work. SCHEDULE Employees who are regularly scheduled to work a non-conforming work schedule, (i.e. ten
Non-Conforming Work. Owner may reject any defective or non-conforming Work on the Project of which Owner becomes aware and Contractor shall promptly correct any such defect at Contractor’s own cost without increasing the Contract Sum. Upon discovering that any portion of the Work does not conform with Owner’s design concept and/or requirements, including the Design Guidelines and Standard Specifications, due to an error or omission in any Construction Document materials prepared or furnished by or on behalf of Contractor, Contractor shall promptly correct such condition at no additional cost to Owner. If Contractor refuses or fails to correct (or improperly corrects) any such condition within a reasonable time after notice, Owner may cause the condition to be corrected and offset the cost of such correction against any monies owed to Contractor; provided, however, if no monies are owed Contractor at the time the condition is discovered or at the time the condition is corrected by Owner, Contractor shall promptly reimburse Owner for all expenses incurred to correct the condition. Contractor shall warranty all corrective Work, whether performed by or through Contractor or by a third party retained by Owner in accordance with the immediately preceding sentence due to Contractor’s refusal or failure to correct properly any non-conforming Work.
