Common use of Owner May Correct Defective Work Clause in Contracts

Owner May Correct Defective Work. In the event the Architect determines that the Contractor’s work is defective, the Architect shall give the Contractor notice to correct the defective work. Contractor shall within seven (7) days after written notice from Architect correct defective Work or remove and replace rejected Work as required by Architect. If the Contractor fails to correct the defective work in accordance with this paragraph, or if Contractor fails to perform the Work in accordance with the Contract Documents within such time, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, upon seven (7) days written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Architect and Architect's Consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. All Claims, costs, losses, and damages (including but not limited to all fees and charges of Architect, Architect’s Consultant, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this paragraph will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph.

Owner May Correct Defective Work. In the event the Architect determines that the Demolition Contractor’s work is defective, the Architect shall give the Demolition Contractor notice to correct the defective work. Demolition Contractor shall within seven (7) days after written notice from Architect correct defective Work or remove and replace re-execute rejected Work as required by Architect. If the Demolition Contractor fails to correct the defective work in accordance with this paragraph, or if Demolition Contractor fails to perform the Demolition Work in accordance with the Contract Documents within such time, or if Demolition Contractor fails to comply with any other provision of the Contract Documents, Owner may, upon seven (7) days written notice to Demolition Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Demolition Contractor from all or part of the Site, take possession of all or part of the Demolition Work and suspend Demolition Contractor's services related thereto, and incorporate in the Demolition Work all equipment and salvageable or recyclable materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Demolition Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Architect and Architect's Consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. All Claims, costs, losses, and damages (including but not limited to all fees and charges of Architect, Architect’s Consultant, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this paragraph will be charged against Demolition Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Demolition Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Demolition Contractor's defective Work. Demolition Contractor shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Demolition Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraph.

Owner May Correct Defective Work. In the event the Architect determines that the Contractor’s work is defective13.14. If Contractor fails, the Architect shall give the Contractor notice to correct the defective work. Contractor shall within seven (7) days a reasonable time after receipt of written notice from Architect Owner, to proceed to correct, and to correct defective Work Work, or to remove and replace rejected Work as required by Architect. If the Contractor fails to correct the defective work /Engineer or Owner's Representative in accordance with this paragraphparagraph 13.11, or if Contractor fails to perform the Work in accordance with the Contract Documents within such time, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, upon after seven (7) days written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, Owner shall proceed expeditiously. In connection with such To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the Sitesite, take possession of all or part of the Work Work, and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site site, or for which Owner has paid Contractor but which and are stored elsewhere. Contractor shall allow Owner, Owner's representativesRepresentative, agents and employees, Owner's other contractors, and Architect and Architect's Consultants employees such access to the Site site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All Claims, costs, losses, and damages (including but not limited to all fees and charges costs of Architect, Architect’s Consultant, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the such rights and remedies under this paragraph will be charged against Contractor, Contractor in an amount approved as to reasonableness and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefore as provided in Article 11. Such claimscosts will include, costs, losses and damages will include but not be limited to, fees and charges of Owner's personnel, Architect/Engineer and its consultants, and other professionals reasonably necessary to investigate the Work and evaluate appropriate remedies for such defective, rejected, or deficient Work, and all costs of repair, or repair and replacement of work of performed by others that is destroyed or damaged by correction, removal, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Times (or Milestones) Time because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this paragraphhereunder.