Common use of Rejection of Work Clause in Contracts

Rejection of Work. The Owner’s Representative and/or the Owner shall have the authority to reject Work that does not conform to the requirements of the Contract Documents. In the event rejected Work requires additional testing or additional inspections, CMR shall pay the Owner all amounts paid by the Owner to the Owner’s Representative and other third party consultants for any such additional testing or inspections. The Owner’s Representative and/or the Owner shall have the authority to order special inspections or tests, regardless of whether or not the Work has been fabricated, installed or completed. Such special inspections or tests shall be performed at the CMR’s sole expense and no increase to the Contract Sum. No responsibility or duty of the Owner’s Representative and/or the Owner to the CMR, Subcontractors, or Sub-subcontractors shall be created by this authority or by good faith decisions rendered in the exercise of this authority. At all times the CMR is fully responsible for the quality of the Work and full and complete performance of the terms and specifications of the Contract. The Owner then has the right to issue a Unilateral Change Order deducting the cost of correcting the deficiencies, including any charges for special inspections or tests as well as charges by the Architect, plus a markup of ten percent (10%) to cover administrative costs, from the balance due to the CMR. If the balance due to the CMR is not sufficient to cover the deduction established by the Unilateral Change Order, then the CMR shall pay to the Owner the difference.