The Director and the Owner/Developer shall not have the power to waive: any obligations
of the Work; the furnishing of good material by the Contractor; or the performance
of good work as herein described. The Work shall be in complete accordance with the
Contract Documents. The failure or omission on the part of the Director to discover,
identify or condemn any defective work or material shall not release the Owner/Developer
from the obligations to fully and properly complete the Work including without limitations,
the obligation upon the discovery of said defective work or material to at once remove
and properly replace the defective work or material at any time prior to final acceptance.
The Director shall, upon request of the Contractor or Owner/Developer, inspect and
accept or reject any material furnished for the Work. Once the material has been accepted
by the Director, the acceptance shall be binding on the City of Austin, unless it
can clearly be shown that the identified material has changed in character to the
extent that it does not meet the specifications for the Work.
Any specific item of the Work, which is in dispute and has been issued a Notice of
Unacceptable Work, may be re-examined by the Director at any time prior to final acceptance.
If found to be not in accordance with the Contract Documents for any specific item
of the Work, all expense for removal, re-examination and replacement shall be borne
by the Owner/Developer. When inspection or approval is specifically required by the
Specifications prior to performance of certain work or subsequent stages of the Work
and the Contractor proceeds with such work without requesting prior inspection or
approval, the Owner/Developer shall bear all expenses of demolition, removal, and
replacement of the work if so directed by the Director.
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