xi. Defective work, whether the result of poor workmanship, use of defective material or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Engineer as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Corporation.

xii. Any part of the Works destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Corporation.

xiii. If, in the opinion of the Engineer, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Corporation may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Engineer.

xiv. In case of default on the part of the Contractor in carrying out the corrections of defective work, the Corporation shall be entitled to employ and pay other persons to carry out the same, and all expenses consequent thereon, or incidental thereto, shall be borne by the Contractor, and shall be recoverable from him by the Corporation, or may be deducted by the Corporation from any monies due, or which may become due, to the Contractor.

xv. Notwithstanding any inspections made by the Engineer or the issuance of any certificates or the making of any payment by the Corporation, the failure of the Engineer to reject any defective work or Material shall not constitute acceptance of defective work or Material.

xvi. The Engineer will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor’s construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for this suspension of work.

GC 3.02 DUTIES AND POWERS OF ENGINEER’S REPRESENTATIVES

i.

The duties of the Site Representative are to monitor and inspect the Works and to test and examine any materials (GC 3.12 & GC 3.13) to be used, or workmanship employed, in connection with the works. The Site Representative shall have no authority to relieve the Contractor of any of his duties or obligations under the Contract.