Common use of DEFECTIVE WORKMANSHIP Clause in Contracts

DEFECTIVE WORKMANSHIP. The acceptance of any workmanship by the District shall not preclude the subsequent rejection thereof if such workmanship shall be found to be defective after installation. Any such workmanship found defective before final acceptance of the work or within one year after completion shall be remedied or replaced, as the case may be, by and at the expense of the Contractor. In the event of failure by the Contractor to do so, the District or its assigns may remedy such defective workmanship; and in such event, the Contractor shall pay to the District the cost and expense thereof. The Contractor shall not be entitled to any payment hereunder so long as any defective workmanship, in respect of the Project, of which the Contractor shall have had notice, shall not have been remedied or replaced, as the case may be. The establishment of the time periods noted in the previous paragraph (one year) or such longer period of time as may be prescribed by any warranty required pursuant to the Contractor's agreement with the District to which these specifications relate, relates only to the specific obligation of the Contractor to correct his work, and has no relationship to the time within which the Contractor's obligation to comply with the terms of his aforesaid agreement with the District may be enforced, nor to the time within which proceedings may be commenced to establish liability with respect to the Contractor's obligations other than specifically to correct his work.

DEFECTIVE WORKMANSHIP. The acceptance of any workmanship by the District shall not preclude the subsequent rejection thereof if such workmanship shall be found to be defective after installation. Any such workmanship found defective before final acceptance of the work or within one (1) year after completion shall be remedied or replaced, as the case may be, by and at the expense of the Contractor. In the event of failure by the Contractor to do so, the District or its assigns may remedy such defective workmanship; and in such event, the Contractor shall pay to the District the cost and expense thereof. The Contractor shall not be entitled to any payment hereunder so long as any defective workmanship, in respect of the Project, of which the Contractor shall have had notice, shall not have been remedied or replaced, as the case may be. The establishment of the time periods noted in the previous paragraph (one year) or such longer period of time as may be prescribed by law or by any warranty required pursuant to the Contractor's agreement with the District to which these specifications relateDistrict, relates only to the specific obligation of the Contractor to correct his work, and has no relationship to the time within which the Contractor's obligation to comply with the terms of his aforesaid agreement with the District may be enforced, nor to the time within which proceedings may be commenced to establish liability with respect to the Contractor's obligations other than specifically to correct his work.