Back-Charge / Set-Off Rights
highIf the Contractor is unable to respond to the emergency after being contacted within the time frame specified in Item 1.04, the City reserves the right to effect such repairs itself or with another contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performance under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs. If the work is not completed within the time specified and to the satisfaction of the Inspector, the total cost for eliminating the problem or completing necessary repairs will be deducted from the payments owing to the Contractor from the City.