OWNER'S RIGHT TO CORRECT DEFICIENCIES. Subject to the Contractor’s warranty obligations set forth in Section 4.10, upon failure to perform the Work in accordance with this Agreement and after seven days' written notice to the Contractor during which period Contractor has failed to correct the failure, provided that if such failure is not capable of correction within such seven day period, Contractor has failed to submit a plan of correction reasonably acceptable to Owner within such period and diligently thereafter performed such plan to correction, the Owner may, without prejudice to any other remedy it may have, correct such deficiencies in Work intended to become a permanent part of the Project. In such case, an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. If, within the Warranty Period any of the Work is found to be defective or not in accordance with this Agreement, the Contractor shall correct it promptly according to its obligations under Section 4.10 after receipt of a written notice from the Owner to do so. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming Work shall be removed from the Site if necessary and the Work shall be corrected to comply with this Agreement without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or nonconforming Work within a reasonable time fixed by written notice from the Owner, the Owner 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 Owner may upon ten additional days written notice sell such materials or equipment 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 additional architectural and/or engineering services. 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 ther...
OWNER'S RIGHT TO CORRECT DEFICIENCIES. Upon failure of the contractor to perform the work in accordance with the contract documents, including any requirements with respect to the schedule of completion, and after five days written notice to the contractor and receipt of written approval from the Engineer, the owner may, without prejudice to any other remedy he (she) may have, correct such deficiencies.
OWNER'S RIGHT TO CORRECT DEFICIENCIES. If the Contractor should neglect to prosecute the Work properly in accordance with the Contract Documents or fails to correct Work which is not in accordance with the Contract Documents, the Owner, after seven (7) Calendar Days' written notice to the Contractor, may, without prejudice to any other remedy the Owner may have, correct such deficiencies in Work intended to become a permanent part of the Project, and may deduct the cost thereof from the payment then or thereafter due the Contractor.
OWNER'S RIGHT TO CORRECT DEFICIENCIES. In the event Contractor shall have been notified of any Defective Work in violation of Contractor's guarantees and shall fail to promptly commence and adequately complete the correction of such defects within twenty (20) days of such notices, Owner shall have the right, without prejudice to any other remedy it may have, to correct or to have such Defective Work corrected for the account of Contractor, and Contractor shall reimburse Owner the costs incurred in correcting such Defective Work within ten (10) days after receiving Owner's invoice therefor.
OWNER'S RIGHT TO CORRECT DEFICIENCIES. (g) Upon failure of the Contractor to perform the Work in accordance with the Contract Documents, and after five (5) Days' written notice to the Contractor, or without notice if an emergency or danger to the Work or public exists, the Owner may, without prejudice to any other remedy he may have, correct such deficiencies. The cost of Work performed by the Owner in correcting deficiencies shall be paid by the Contractor.
OWNER'S RIGHT TO CORRECT DEFICIENCIES. 7.1 If the Contractor shall neglect to perform the work properly, or should it refuse to remedy any defects in the work due to inferior quality or workmanship or material, or should it in any manner fail to perform any provision of the Agreement, the District, after 7 days' notice to the Contractor, may correct such deficiencies at Contractor’s cost and may deduct the cost thereof from any payment due the Contractor. The remedy described in this section is not exclusive and shall have no effect on the Owner’s ability to seek recovery for, among others, breach of contract, breach of warranty, and/or performance bond claims.
