Laserfiche WebLink
Subcontract#: 061804-017 <br /> Page 15/Rev 171204 <br /> e) Notwithstanding anything to the contrary in these contract documents, should the <br /> Subcontractor be materially delayed due to the acts, errors, or omissions of the Contractor, or <br /> their other subcontractors beyond the mutually agreed upon schedule, including accepted <br /> revisions, then in addition to any applicable extension of time, the Subcontractor may be <br /> entitled to receive from the Contractor compensation for any reasonable damages caused <br /> directly by such delay. <br /> 3.10 Failure to Perform: In the event that Subcontractor fails to commence the Work within three (3) <br /> calendar days of notification to proceed, or if Subcontractor does not prosecute the Work vigorously, <br /> as reasonably determined by Contractor, Contractor may take over the Work and complete it, either <br /> by performing the Work itself or re-letting all or any part of the Work. Should the cost of completing the <br /> Work be in excess of the original Subcontract Amount, Subcontractor and its surety, if any, will be <br /> held responsible for all reasonable excess costs required to complete the Work, including legal fees <br /> and costs. <br /> 3.11 Correction of Work: <br /> a) In the event that any part of the Work or any material is determined by Contractor, Owner or <br /> Owner's Representative to be improper, defective or not in conformance with the Contract <br /> Documents during the actual performance of the Work, Subcontractor shall, at its expense, <br /> remove, repair and/or replace, at Contractor's reasonable option. <br /> b) Subcontractor shall begin to remove, repair and/or replace improper, defective or non- <br /> compliant Work or materials within forty-eight (48) hours after Contractor's written demand to <br /> correct. <br /> c) Subcontractor shall fully remedy, to Contractor's reasonable acceptance, the rejected Work <br /> and all other work which may be damaged by the correction of the rejected Work. <br /> d) If Contractor or Owner decide it would be uneconomic or inexpedient to correct or remedy all <br /> or any part of the rejected Work, then Subcontractor agrees that the Contractor may deduct <br /> from earnings otherwise due to Subcontractor such amounts that: <br /> i. Owner determines represents the difference between the fair value of the Work and <br /> materials rejected and the value if the same had been performed in full compliance <br /> with the Contract Documents; or <br /> ii. Such reductions in price as are provided for in the Prime Contract. <br /> e) If Owner deducts amounts from Subcontractor's earnings under this Section, Contractor shall <br /> also deduct such amounts as necessary for Contractor to recover its lost margin due to <br /> Subcontractor's rejected Work. Contractor's deduction for rejected Work, however, shall never <br /> exceed ;: e . percent 0i ' of the Subcontractor's original total price for the Work <br /> item affected. <br /> f) If Subcontractor fails to begin correcting any Work that is improper, defective, or not in <br /> conformance with the Contract Documents within forty-eight (48) hours, then Contractor may, <br /> without prejudice to any other right or remedy it may have, either terminate this Agreement for <br /> cause and take over and complete the Work at the expense of Subcontractor, or without <br /> terminating this Agreement, take over the Work or any portion thereof and cure such default. If <br /> Equal Opportunity/Affirmative Action Employer <br />