Category 1 Defect definition
Examples of Category 1 Defect in a sentence
TxDOT may at its discretion perform with its own forces the hazard mitigation of a Category 1 Defect affecting a Maintained Element and may notify DB Contractor that it intends to perform or that it has performed the hazard mitigation.
TxDOT will notify DB Contractor when a temporary repair of a Category 1 Defect is required and such temporary repair has not been completed by DB Contractor within the Defect Repair Period for hazard mitigation.
Should a Defect meet any of the above criteria, or where notified by TxDOT that a Category 1 Defect exists, DB Contractor shall record it as a Category 1 Defect.
Where TxDOT performs the hazard mitigation and/or temporary repair as described in this Section 9.4.5: ▪ TxDOT shall be entitled to the remedies set forth in Section 5.3.1 of the CMA General Conditions; and ▪ Unless otherwise instructed by TxDOT, DB Contractor shall continue hazard mitigation and/or temporary repair until a permanent repair has been completed and shall remain responsible for the permanent repair of the Category 1 Defect.
Notwithstanding the foregoing, requirements contained in the CMA Documents relating to actions to be taken in the event of an emergency, the mitigation of a hazard from a Category 1 Defect or other requirements for which it is evident that performance is intended to occur on a non-Business Day shall be required to be performed as specified, even though the date in question may fall on a non-Business Day.