1512Unacceptable and Unauthorized Work

1512.1UNACCEPTABLE WORK

The Department will consider all Work and Materials that do not meet the Contract requirements, or do not meet generally accepted industry standards if the Contract does not provide specific standards, to be unacceptable. For unacceptable Work resulting from poor workmanship, use of nonconforming Materials , damage through carelessness, or any other cause existing before final acceptance of the Work, the Department will take one of the following actions, at the Engineer’s sole discretion:

receipt of written order to do so

Price

to meet Contract requirements but is adequate to serve the design purpose, and document the basis of acceptance by Change Order to adjust the Contract Unit Price; the adjusted Contract Unit Price will be determined at the Engineer’s sole discretion

sole discretion The Department may provide notice of default in accordance with 1808, “Default of Contractor,” after the Contractor has been given proper notice to acceptably correct the Work and Materials, and has failed to do so. The Contractor shall remove and replace the unacceptable Work, or correct the W ork, at no additional cost to the Department if a Contract Item does not meet specified requirements and results in Work that does not serve the design purpose.

1512.2UNAUTHORIZED WORK

The Department will consider Work performed contrary to the direction of the Engineer, or in a manner that is not in compliance with Contract requirements, or any Work performed beyond that specified in the Contract or directed by the Engineer, to be unauthorized. The Department may consider any of the following as unauthorized Work:

Materials

resolution of unacceptable Work The Contractor shall remove unauthorized Work upon receipt of a written order to do so, at no additional cost to the Department. The Department may pay for unauthorized Work only if the Engineer determines the W ork to be acceptable or the Work is authorized in a Change Order.

1512.3NON-COMPLIANCE

If the Contractor fails to comply immediately with any order issued by the Engineer in accordance with the requirements in this section, the Engineer may direct the following and deduct the costs from moneys due or becoming due to the Contractor under the Contract or any other C ontract with the Department: