Common use of Non-Conforming Work Clause in Contracts

Non-Conforming Work. Owner shall not pay for non-conforming Work. Owner may reject any non- conforming Work or require Contractor to remedy non-conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost and without a time extension, Owner may require Contractor to replace or correct any part of the Work not meeting the requirements of the Contract, unless Owner, in Owner’s sole discretion, consents in writing to accept the non- conforming Work.  Contractor shall notify Owner when deficient Work is identified by submitting a non-conformance report.  Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to Owner. Owner may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments.  If Contractor chooses to place Work on identified non-conforming Work, Owner shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract.  Owner may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner may, in its sole discretion, consent in writing to accept non-conforming Work without requiring it to be fully corrected, in which case (i) the Contract Amount shall be decreased accordingly, or (ii) such amount shall be recoverable from Contractor by Owner by way of set-off against any amounts due and payable to Contractor. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extension.

Non-Conforming Work. Owner shall not pay for non-conforming Work. Owner may reject any non- conforming Work In the event of the occurrence of a Defect in the design or require Contractor to remedy non-conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any construction Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost in any materials and without a time extension, Owner may require Contractor to replace or correct any equipment furnished as part of the Work not meeting construction, and including any Non-Conforming Work, the requirements of the Contract, unless OwnerDepartment will be entitled, in Owner’s sole discretion, consents in writing addition to accept the non- conforming Work.  Contractor shall notify Owner when deficient Work is identified by submitting a non-conformance report.  Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to Owner. Owner may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments.  If Contractor chooses to place Work on identified non-conforming Work, Owner shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract.  Owner may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner may, in its sole discretion, consent in writing to accept non-conforming Work without requiring it to be fully corrected, in which case any other remedies: (i) to demand that the Contract Amount shall Concessionaire rectify such Defect at its sole expense, it being understood that, in such event, the Department will be decreased accordinglypermitted to draw on the Performance Security provided by the Concessionaire or any Contractor liable for such Work, or to the extent of the cost of any work performed by the Concessionaire; EXECUTION VERSION – DECEMBER 5, 2011 (ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the Concessionaire, which order the Department will lift after the Concessionaire fully cures or corrects such amount shall Defects; (iii) to rectify such Defects itself and to obtain reimbursement of its Allocable Costs from the Concessionaire or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement; provided, that (A) the Department will not rectify such Defects itself or seek reimbursement from the Concessionaire or such Performance Security unless it has requested rectification of, and the Concessionaire and the Contractor have failed to promptly rectify, the Defects and (B) the Concessionaire will be recoverable from permitted to draw on the Performance Security provided by any Contractor by Owner by way liable for such Work to the extent of set-off against any amounts due and payable reimbursed by the Concessionaire; or (iv) to Contractorseek performance or reimbursement pursuant to any applicable guaranty. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extensionThe Concessionaire will have the right to dispute the Department’s determination that the design or construction Work constitutes Non-Conforming Work by written notice to the Department, which notice will provide supporting information for the Concessionaire’s position. Unless directed otherwise by the Department after receipt of such notice, the Concessionaire will carry out the Work required by the Department. If it is determined in accordance with the dispute resolution procedures in Article 21 that the Work in question conformed to the Technical Requirements, then the additional Work required by the Department will be treated as a Department Change pursuant to Section 14.02.

Non-Conforming Work. Owner ‌ Authority shall not pay for nonNon-conforming Conforming Work. Owner Authority may reject any non- conforming Non- Conforming Work or require Contractor to remedy nonNon-conforming Conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost and without a time extension, Owner Authority may require Contractor to replace or correct any part of the Work not meeting the requirements of the ContractNon-Conforming Work, unless OwnerAuthority, in OwnerAuthority’s sole discretion, consents in writing to accept the non- conforming Non-Conforming Work.  . (a) Contractor shall notify Owner Authority when deficient Non-Conforming Work is identified by submitting a non-conformance report.  . (b) Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to OwnerAuthority. Owner Authority may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments.  . (c) If Contractor chooses to place Work on replace identified nonNon-conforming Conforming Work, Owner Authority shall not pay for the Work performed until the nonNon-conforming Conforming Work is brought into conformance with the Contract.  Owner . (d) Authority may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect non-conformance at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner Authority is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner Authority may, in its sole discretion, consent in writing to accept nonNon-conforming Conforming Work without requiring it to be fully corrected, in which case (i) the Contract Amount shall be decreased accordingly, or (ii) such amount shall be recoverable from Contractor by Owner by way of set-off against any amounts due and payable to Contractor. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extension.

Non-Conforming Work. Owner shall not pay for non-conforming Work. Owner may reject any non- conforming Work or require Contractor to remedy non-conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost and without a time extension, Owner may require Contractor to replace or correct any part of the Work not meeting the requirements of the Contract, unless Owner, in Owner’s sole discretion, consents in writing to accept the non- conforming Work.  Contractor shall notify Owner when deficient Work is identified by submitting a non-conformance report.  Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to Owner. Owner may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments. %20Au  If Contractor chooses to place Work on identified non-conforming Work, Owner shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract.  Owner may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- non-conformance. Owner may, in its sole discretion, consent in writing to accept non-conforming Work without requiring it to be fully corrected, in which case (i) the Contract Amount shall be decreased accordingly, or (ii) such amount shall be recoverable from Contractor by Owner by way of set-off against any amounts due and payable to Contractor. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extension.

Non-Conforming Work. Owner shall not pay for non-conforming Work. Owner may reject any non- conforming Work In the event of the occurrence of a Defect in the design or require Contractor to remedy non-conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. Owner’s inspection, testing, review, approval, commissioning or payment for any construction Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost in any materials and without a time extension, Owner may require Contractor to replace or correct any equipment furnished as part of the Work not meeting construction, and including any Non-Conforming Work, the requirements of the Contract, unless OwnerDepartment will be entitled, in Owner’s sole discretion, consents in writing addition to accept the non- conforming Work.  Contractor shall notify Owner when deficient Work is identified by submitting a non-conformance report.  Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to Owner. Owner may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments.  If Contractor chooses to place Work on identified non-conforming Work, Owner shall not pay for the Work performed until the non-conforming Work is brought into conformance with the Contract.  Owner may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-conformance, then Contractor shall rectify the defect at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner may, in its sole discretion, consent in writing to accept non-conforming Work without requiring it to be fully corrected, in which case any other remedies: (i) to demand that the Contract Amount shall Concessionaire rectify such Defect at its sole expense, it being understood that, in such event, the Department will be decreased accordinglypermitted to draw on the Performance Security provided by the Concessionaire or any Contractor liable for such Work, or to the extent of the cost of any work performed by the Concessionaire; (ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the Concessionaire, which order the Department will lift after the Concessionaire fully cures or corrects such amount shall Defects; (iii) to rectify such Defects itself and to obtain reimbursement of its Allocable Costs from the Concessionaire or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement; provided, that (A) the Department will not rectify such Defects itself or seek reimbursement from the Concessionaire or such Performance Security unless it has requested rectification of, and the Concessionaire and the Contractor have failed to promptly rectify, the Defects and (B) the Concessionaire will be recoverable from permitted to draw on the Performance Security provided by any Contractor by Owner by way liable for such Work to the extent of set-off against any amounts due and payable reimbursed by the Concessionaire; or (iv) to Contractorseek performance or reimbursement pursuant to any applicable guaranty. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extensionThe Concessionaire will have the right to dispute the Department’s determination that the design or construction Work constitutes Non-Conforming Work by written notice to the Department, which notice will provide supporting information for the Concessionaire’s position. Unless directed otherwise by the Department after receipt of such notice, the Concessionaire will carry out the Work required by the Department. If it is determined in accordance with the dispute resolution procedures in Article 21 that the Work in question conformed to the Technical Requirements, then the additional Work required by the Department will be treated as a Department Change pursuant to Section 14.02.

Non-Conforming Work. Owner Authority shall not pay for nonNon-conforming Conforming Work. Owner Authority may reject any non- conforming Non- Conforming Work or require Contractor to remedy nonNon-conforming Conforming Work and/or identify additional Work which must be done to bring the Work into compliance with the Contract requirements. OwnerAt Contractor’s inspection, testing, review, approval, commissioning or payment for any Work, including non-conforming Work, shall not affect Owner’s rights, nor shall it otherwise relieve Contractor of its obligations under the Contract. At its own cost and without a time extension, Owner Authority may require Contractor to replace or correct any part of the Work not meeting the requirements of the ContractNon-Conforming Work, unless OwnerAuthority, in OwnerAuthority’s sole discretion, consents in writing to accept the non- conforming Non-Conforming Work.  . (a) Contractor shall notify Owner Authority when deficient Non-Conforming Work is identified by submitting a non-conformance report.  report.‌ (b) Deficient Work shall remain open until the root cause of the deficient Work is identified and a corrective action plan implemented to address the problem. All corrective action plans and subsequent close out reports shall be submitted to OwnerAuthority. Owner Authority may review and issue an objection to either the corrective action plan in which case Contractor shall resubmit the plan to incorporate the comments.  . (c) If Contractor chooses to place Work on replace identified nonNon-conforming Conforming Work, Owner Authority shall not pay for the Work performed until the non-conforming Non- Conforming Work is brought into conformance with the Contract.  Owner . (d) Authority may choose to conduct testing on a piece of Work that has been completed by Contractor. Should the test results prove non-non- conformance, then Contractor shall rectify the defect non-conformance at its own cost and without a time extension. Should test results fail to establish non-conformance, Owner Authority is responsible for all costs and time impacts associated with the testing and restoration of the affected Work.  Contractor’s decision to “remove from site,” “rework,” “repair” or “use as is” shall be recorded in a non-conformance log regardless of who originated the non- conformance. Owner Authority may, in its sole discretion, consent in writing to accept nonNon-conforming Conforming Work without requiring it to be fully corrected, in which case (i) the Milestone Contract Amount for the applicable Segment shall be decreased accordingly, or (ii) such amount shall be recoverable from Contractor by Owner by way of set-off against any amounts due and payable to Contractor. Contractor shall promptly segregate and remove rejected work at its own cost and without any time extension.