Rectification Works Clause Samples

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Rectification Works. According to Chapter 5 § 17, paragraph 1, the contractor has a right and a duty to rectify whatever may have been noted as defects73 in an inspection report or which the employer has reported in writing in accordance with Chapter 5 § 15. Furthermore, Chapter 5 § 17, paragraph 4, provides that “If the Contractor is not responsible for the defect, he is entitled to payment as provided by Chap- ter 6 §§ 1–7 and 11”, interpreted a contrario, “If the Contractor is responsible for the defect, he is not entitled to payment”74. However, if a defect is to be considered as “not substantial”75 according to Chapter 5 § 18, the defect may instead (of being rectified by the contractor) be handled through a deduction of the Total Works Price. Consequently, the contractor is obliged to perform works and supply materi- als/goods, etc. necessary to fulfil the rectification obligation provided by Chap- ter 5 § 17. How significant is the scope of this obligation to rectify? Is the scope of rectification works limited in some way? AB 04 does not answer these ques- tions, although the Supreme Court has had reason to adjudicate these issues. In NJA 2018 p. 653, 17 July 2018, the Supreme Court clarified that if a defect cannot be rectified without other works being first uncovered, the con- tractor is also liable: (i) for uncover-works, prior to the rectification; and (ii) for reinstate-works thereafter. According to the Supreme Court, the contrac- tor’s liability for these measures is neither limited by the concept “Total Works” (Sw. Entreprenad) (uncover- and reinstate-works may include measures outside the contractor’s Total Works)76 or the limitations of liability stated in Chap- ter 5 § 1177 (the provision is not applicable). However, the contractor shall only be liable for such measures that: (i) could be foreseeable when the agreement 73 AB 04’s “definitions and notes” section provides that a “Defect” is: “non-conformance which implies that a part of the Total Works has not been executed at all or has not been executed in accordance with the contract.”.
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Rectification Works. (1) The Owner must comply, at its cost, with any Rectification Notice within the period specified in the notice or otherwise agreed period in writing. (2) If the Owner fails to comply with a Rectification Notice within the specified or agreed period and the party who issued the Rectification Notice undertakes the works specified in the Rectification Notice in accordance with this Agreement, the Owner must reimburse the relevant party for the cost of those works and any necessary interim or temporary works, including administration costs, within 10 Business Days of the relevant party providing a written demand for payment of those costs.‌ (3) In the event that an Owner does not reimburse the relevant party under clause 4.9(2), that Owner authorises the relevant party to lodge a caveat on the lot owned by that Owner.
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Related to Rectification Works

  • Rectification Where the surface irregularity of sub-grade and the various pavement course fall outside the specified tolerances contractor shall be liable .to rectify these in the manner described below and to the satisfaction of the Engineer - in-charge. .

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

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  • Work The definition of work, for overtime purposes only, includes: 1. All hours actually spent performing the duties of the assigned job, rounded to the next quarter hour; 2. Travel time required by the Employer during normal work hours from one work site to another or travel time prior to normal work hours to a different work location that is greater than the employee’s normal home-to-work travel time and all travel in accordance with applicable wage and hour laws; 3. Vacation leave; 4. Sick leave; 5. Compensatory time; 6. Holidays; and 7. Any other paid time not listed below.