Contract Language Question
Hi all, I am hoping for some advice…I have a sub-consultant agreement in which our client is asking us to agree to the following:
The Subconsultant agrees that if its work products or materials are in any way defective, the Subconsultant shall correct any such deficiency. In the event the Subconsultant fails to promptly correct the deficiency, in addition to any other remedy that may be available with respect to such failure, KCA or the Project Owner may remedy the deficiency at the Subconsultant’s expense and the Subconsultant shall pay to KCA or the Project Owner, as the case may be, the costs of remedying such deficiency together with any damages caused by such deficiency.
I requested that they strike the last sentence because, while understanding the protection they are seeking, it is too open ended as to what the costs could be. They said the must remain. It is a large project for us with a regular client.
Have any of you successfully challenged this type of statement? Can you share the language that your client found acceptable? I am thinking of countering with a request that the dollar limit not to exceed our contract fee, $65,000.
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