05-28-1985 Council Packet - Laserfiche WebLink

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w i 8.16 ACCEPTANCE OF DEFECTIVE WORK w - - - If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also w Engineer) prefers to accept it, Owner may do so. In such case, if acceptance f occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Docu- ments, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. M 8.17 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, Owner may order Contractor to stop f the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected �. Work as required by Engineer in accordance with Paragraph 8.15, or if Contrac- tor fails to perform the Work in accordance with the Contract Documents (in- cluding any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's Surety, correct and 1� remedy any such deficiency. In exercising its rights under this paragraph, to Owner shall proceed expeditiously. To the extent necessary to complete cor- rective and remedial action, Owner may exclude Contractor from all or part of is the site, take possession of all or part of the Work, and suspenl Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner., Owner's representatives, agents and employees such access to the site as may be necessary_ to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged F� against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct and indirect costs shall in- clude, in particular but without limitation, compensation for additional pro- fessional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contrac- tor's defective Work. Contractor shall not hp allowed an extension of the ` Contract Time because of any delay in performance of the Work attributable to 04 the exercise by Owner of Owner's rights hereunder. M_ _ 33 _ 8505h Copyright 1985 Annestroo, RosPne, Anderlik & Asq,i fares_ Inc-,