Common use of After Substantial Completion Clause in Contracts

After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within (i) one year after the date of Substantial Completion of all the Work, (ii) two years after the date of Substantial Completion of the Work, as to those components of the Work that include, alter or affect any portion of the building envelope and penetration components; or (iii) the period established by the terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found to be not in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it according to the requirements of this section with no change in the Cost of the Work promptly after receipt of written notice from the Owner to do so. If the Design-Builder does not promptly initiate work to correct the Work designated in the notice, the Owner may proceed to correct the Work, the Owner may dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. The obligations of Design-Builder under this Section 11.2 shall survive acceptance of the Work under the Contract and termination of the Contact, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages. .1 If, in the Owner’s opinion, the nonconforming Work either prevents the use of the facility and/or immediate response is required to present further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, inability to close or lock exterior door, etc.), Design-Builder shall initiate corrective work on site the same day if the Design-Builder is notified prior to noon, or by noon the following day if notified afternoon, and shall complete corrective action within 48 hours. .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of one or more plumbing fixtures, interior door locks not working, etc.), Design-Builder shall initiate corrective work on site within two working days and shall complete corrective action within 5 working days. .3 If, in the Owner’s opinion, the nonconforming Work does not have an impact on the use of the building, but must be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), the Design-Builder shall initiate corrective work on site within 14 calendar days and shall complete corrective action within 28 calendar days. § 11.2.2.2 The period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. For example, if a portion of the Work is completed 15 days after Substantial Completion, the period of correction shall commence as to such Work 15 days after Substantial Completion. § 11.2.2.3 The period for correction of Work shall be extended with respect to corrective wo Design-Builder for a period of one (1) year from the date of completion of such corrective w expiration of the original warranty period, whichever is later.

After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within two (i2) one year after the date of Substantial Completion of all the Work, (ii) two years after the date of Substantial Completion of the Work, as to those components of the Work that include, alter or affect any designated portion of the building envelope and penetration components; thereof or (iii) the period established by the terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it according to the requirements of this section with no change in the Cost of the Work promptly after receipt of written notice from the Owner to do soso unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. If the Design-Builder does not promptly initiate work fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Work designated in the noticeOwner, the Owner may proceed correct it and seek reimbursement from Design-Builder. Nothing herein shall be construed to correct the Worknegate or limit Design-Builder’s obligations set forth in any warranty or Section 3.1.14 above, including without limitation, Design-Builder’s duties to defend and indemnify the Owner and all Indemnitees. Design-Builder acknowledges that Design-Builder’s two-(2) year warranty/corrective period and any special warranties provided by Design-Builder are in addition to and not in lieu of any warranties, indemnities, claims, rights, actions or remedies that Owner may dispose of materials and equipment as it sees fit, and have in the Design-Builder will be liable Build Documents, or pursuant to Applicable Law, or in equity, for all costs. The obligations defective Work or breach of the Design-Builder Build Documents. Owner expressly reserves all rights and remedies available under Applicable Law for and during the full period of time allowed under any statutes of repose and statutes of limitations under Texas law. All obligations under this Section 11.2 11.2.2 shall survive acceptance of the Work under the Contract this Contract. § 11.2.2.2 Design-Builder shall maintain a complete and termination accurate schedule of the Contact, is in addition dates upon which the corrective periods or express warranties will expire. Design-Builder agrees to other warranties provided by contract or law, and does not establish a time limit for damages. .1 If, in the Owner’s opinion, the nonconforming Work either prevents the use provide notice of the facility and/or immediate response is required warranty expiration date to present further damage or Owner at least one (1) month prior to restore security the expiration of each such applicable corrective / warranty period. Prior to prevent external entrance, and/or is a safety hazard the expiration of one (e.g., break in 1) year from the waterline, sprinkler system failure, failure date of the heating system, inability to close or lock exterior door, etc.)Substantial Completion, Design-Builder shall initiate corrective work accompany the Owner and Project Manager on site re-inspection of the same day if improvements or building(s) covered thereby and shall be responsible for correcting any reasonable additional deficiencies not caused by the Owner or by the use of the respective improvements or building which are observed or reported during the re-inspection. For extended warranties expressly required by the Design-Build Documents (i.e., roofing, compressors, mechanical equipment), Owner will notify the Design-Builder is notified prior to noon, or by noon the following day if notified afternoon, of deficiencies and shall complete corrective action within 48 hours. .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of one or more plumbing fixtures, interior door locks not working, etc.), Design-Builder shall initiate corrective work on site start remedying these defects within two working days and shall complete corrective action within 5 working days. .3 If, in the five (5) Days of initial notification from Owner’s opinion, the nonconforming Work does not have an impact on the use of the building, but must be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), the . Design-Builder shall initiate corrective work on site within 14 calendar days prosecute the Work without interruption until accepted by the Owner, even though such prosecution should extend beyond the limit of the warranty period. The one (1) year reinspection by Owner, Project Manager and Design-Builder shall complete corrective action within 28 calendar daysin no way waive or release Design-Builder from the two (2) year corrective/warranty period required in Section 11.2.2.1 above. § 11.2.2.2 11.2.2.3 The two (2)year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. For example, if a portion of Any corrective Work performed or to be performed under or pursuant to Section 11.2 shall be warranted to the same extent as the Work is completed 15 days after Substantial Completion, warranted hereunder or under the applicable warranty period of correction shall commence as to such Work 15 days after Substantial Completionstated in any separate warranty. § 11.2.2.3 The 11.2.2.4 If during the two (2) year period for correction of Work shall be extended with respect to corrective wo the Work, the Design-Builder for fails to correct nonconforming Work within a period of one (1) year from reasonable time, the date of completion Owner may correct it in accordance with Section 7.9. If the Design-Builder does not proceed with correction of such corrective w expiration nonconforming Work, Owner may remove such nonconforming Work and store the salvageable materials or equipment and charge the cost thereof to the Design-Builder including compensation for the services of any Owner Consultant and expenses made necessary thereby. If payments then or thereafter due the original warranty periodDesign-Builder are not sufficient to cover such amount, whichever is laterDesign-Builder shall pay the difference to the Owner.

After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within (i) one year after the date of Substantial Completion of all the Work, (ii) two years after the date of Substantial Completion of the Work, as to those components of the Work that include, alter or affect any portion of the building envelope and penetration components; or (iii) the period established by the terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found to be not in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it according to the requirements of this section with no change in the Cost of the Work promptly after receipt of written notice from the Owner to do so. If the Design-Builder does not promptly initiate work to correct the Work designated in the notice, the Owner may proceed to correct the Work, the Owner may dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. The obligations of Design-Builder under this Section 11.2 shall survive acceptance of the Work under the Contract and termination of the Contact, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages.may .1 If, in the Owner’s opinion, the nonconforming Work either prevents the use of the facility and/or immediate response is required to present further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, inability to close or lock exterior door, etc.), Design-Builder shall initiate corrective work on site the same day if the Design-Builder is notified prior to noon, or by noon the following day if notified afternoon, and shall complete corrective action within 48 hours. .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of one or more plumbing fixtures, interior door locks not working, etc.), Design-Builder shall initiate corrective work on site within two working days and shall complete corrective action within 5 working days. .3 If, in the Owner’s opinion, the nonconforming Work does not have an impact on the use of the building, but must be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), the Design-Builder shall initiate corrective work on site within 14 calendar days and shall complete corrective action within 28 calendar days. § 11.2.2.2 The period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. For example, if a portion of the Work is completed 15 days after Substantial Completion, the period of correction shall commence as to such Work 15 days after Substantial Completion. § 11.2.2.3 The period for correction of Work shall be extended with respect to corrective wo work performed by the Design-Builder for a period of one (1) year from the date of completion of such corrective w work or until the expiration of the original warranty period, whichever is later.

After Substantial Completion. § 11.2.2.1 70 12.2.2.1 In addition to the Design-Builder’s Contractor's obligations under Section 3.1.12Paragraph 3.5, if, within (i) one year after the date of Substantial Completion of all the Work, (ii) two two-years after the date of Substantial Completion of the WorkWork or designated portion thereof, as to those components or after the date for commencement of the Work that includewarranties established under Subparagraph 9.9.1, alter or affect any portion of the building envelope and penetration components; or (iii) the period established by the terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found to This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Mohave Community Colleges requested such use. MCC pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it according to the requirements of this section with no change in the Cost of the Work promptly after receipt of written notice from the Owner to do soso unless the Owner has previously given the Contractor a written acceptance of such condition. If The Owner shall give such notice promptly after discovery of the Design-Builder does not promptly initiate work to correct the Work designated in the noticecondition. During this warrantee period, if any faulty or defective materials or workmanship is discovered, the Owner may proceed will provide notice to correct the Contractor requesting the Contractor repair or remedy the defect at 5 the sole expense of the Contractor. During the one-year two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner may dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. The obligations of Design-Builder under this Section 11.2 shall survive acceptance of the Work under the Contract and termination of the Contact, is in addition to other warranties provided by contract or law, and does not establish waives the right to require correction by the Contractor or to make a time limit claim for damagesbreach of warranty. .1 IfThe Contractor agrees that he shall respond to the warranty request within forty-eight (48) hours, in and then commence and .2 If the Contractor fails to timely commence the corrective work, the Owner’s opinion, at his option, may perform the nonconforming Work either prevents the use of the facility and/or immediate response is required to present further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, inability to close or lock exterior door, etc.), Design-Builder shall initiate corrective work on site the same day if the Design-Builder is notified prior to noon, or by noon the following day if notified afternoon, and shall complete corrective action within 48 hours.have .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of 12.2.2.2 The one or more plumbing fixtures, interior door locks not working, etc.), Design-Builder shall initiate corrective work on site within two working days and shall complete corrective action within 5 working days. .3 If, in the Owner’s opinion, the nonconforming Work does not have an impact on the use of the building, but must be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), the Design-Builder shall initiate corrective work on site within 14 calendar days and shall complete corrective action within 28 calendar days. § 11.2.2.2 The year two- year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the Work, or for a 20 period of six months after completion of the corrective work, whichever is longer. For exampleDuring this warrantee period, if a portion of the Work is completed 15 days after Substantial Completion, the period of correction shall commence as to such Work 15 days after Substantial Completion.any faulty or defective § 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended with respect to by corrective wo Design-Builder for a period of one (1) year from Work performed by the date of completion of such corrective w expiration of the original warranty period, whichever is later.Contractor pursuant to

After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12GC-3.5, if, within (i) the later of one year after the date later of Substantial Completion of all the Work, (ii) two years after the date of Substantial Completion of the WorkWork or after the date for commencement of warranties established under the Design-Build Documents, as to those components of the Work that include, alter or affect any portion of the building envelope and penetration components; or (iii) the period established by the terms of an applicable special warranty required by the Design-Build DocumentsDocuments including the special warranty applicable to Selected Equipment and Systems, any of the Work is found to be not in accordance with the requirements of the Design-Build Documents, the Design-Design- Builder shall correct it according to the requirements of this section with no change in the Cost of the Work according to the requirements of this Section GC-12.2 promptly after receipt of written notice from the Owner to do soOwner. If the Design-Builder does not promptly initiate work corrective Work within the timelines outlined below, the Owner may then proceed to correct the Work designated in the notice, the Owner may proceed to correct the Work, the Owner may and dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. The obligations This one- year correction period shall be extended with respect to portions of Work first performed after Final Acceptance and by corrective Work performed by the Design-Builder under this Section 11.2 by the period of time between Substantial Completione and the actual performance of the Work. This obligation shall survive acceptance of the Work under the Contract and termination of the ContactContract, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages. .1 If, in the Owner’s opinion, the nonconforming Work either prevents the use of the facility and/or immediate response is required to present further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, inability to close or lock exterior door, etc.), 2.3 The Design-Builder shall initiate corrective work on remove from the site portions of the same day if Work that are not in accordance with the requirements of the Design-Build Documents and that either are not corrected by the Design-Builder is notified prior to noon, or accepted by noon the following day if notified afternoon, and shall complete corrective action within 48 hoursOwner. .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of one or more plumbing fixtures, interior door locks not working, etc.), 2.4 The Design-Builder shall initiate corrective work on site within two working days and shall complete corrective action within 5 working days. .3 Ifbear the cost of correcting destroyed or damaged construction, in the Owner’s opinionwhether completed or partially completed, the nonconforming Work does not have an impact on the use of the building, but must Owner or separate contractors caused by the Design-Builder’s correction or removal of Work that is not in accordance with the requirements of the Design-Build Documents. GC-12.2.5 Nothing contained in this Section GC-12.2 shall be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), construed to establish a period of limitation with respect to other obligations the Design-Builder shall initiate corrective work on site within 14 calendar days and shall complete corrective action within 28 calendar days. § 11.2.2.2 The might have under the Design-Build Documents. Establishment of the one-year period for correction of Work shall as described in Section GC-12.2.2 relates only to the specific obligation of the Design-Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design-Build Documents may be extended sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design-Builder’s liability with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of Design- Builder’s obligations other than specifically to correct the Work. For example, if a portion of the Work is completed 15 days after Substantial Completion, the period of correction shall commence as to such Work 15 days after Substantial Completion. § 11.2.2.3 The period for correction of Work shall be extended with respect to corrective wo Design-Builder for a period of one (1) year from the date of completion of such corrective w expiration of the original warranty period, whichever is later.

After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-BuilderContractor’s obligations under Section 3.1.123.5, if, within (i) one year after the date of Substantial Completion of all the Work, (ii) two years Work or designated portion thereof or after the date for commencement of Substantial Completion of the Workwarranties established under Section 9.9.1, as to those components of the Work that include, alter or affect any portion of the building envelope and penetration components; or (iii) the period established by the terms of an any applicable special warranty required by the Design-Build Contract Documents, any of the Work is found to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it according to the requirements of this section with no change in the Cost of the Work promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Design-Builder does not promptly initiate work Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Work designated in the noticeOwner or Architect, the Owner may proceed correct it in accordance with Section 2.5. The period for the correction of Work shall be extended by corrective Work performed by the Contractor but only as to the corrected Work. If and whenever a latent defect, that is, a defect which exists in the Work that was not and would not normally be revealed, discovered or located before the end of the correction period stated in this section, becomes apparent, Owner shall, as promptly as practical, notify the Contractor of the latent defect, the latent defect shall be deemed to have occurred within the correction period stated in this section, and the Contractor shall be responsible for the correction and/or payment of the costs to correct the Worklatent defect as stated in this section, which costs shall solely be borne by the Owner may dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. The obligations of Design-Builder under this Section 11.2 shall survive acceptance of the Work under the Contract and termination of the Contact, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages. .1 If, in the Owner’s opinion, the nonconforming Work either prevents the use of the facility and/or immediate response is required to present further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, inability to close or lock exterior door, etc.), Design-Builder shall initiate corrective work on site the same day if the Design-Builder is notified prior to noon, or by noon the following day if notified afternoon, and shall complete corrective action within 48 hours. .2 If, in the Owner’s opinion, the nonconforming Work has the potential of becoming a safety hazard, affects internal security, or limits the use of the facility (e.g. loss of heat in a single classroom, failure of one or more plumbing fixtures, interior door locks not working, etc.), Design-Builder shall initiate corrective work on site within two working days and shall complete corrective action within 5 working days. .3 If, in the Owner’s opinion, the nonconforming Work does not have an impact on the use of the building, but must be fixed, (e.g., interior door closer broken, window cracked, wall covering seam coming loose, etc.), the Design-Builder shall initiate corrective work on site within 14 calendar days and shall complete corrective action within 28 calendar daysContractor. § 11.2.2.2 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. For example, if a portion of the Work is completed 15 days after Substantial Completion, the period of correction shall commence as to such Work 15 days after Substantial Completion. § 11.2.2.3 The period for correction of Work 12.2.2.3 Defective work corrected by the Contractor shall be extended with respect to corrective wo Design-Builder warranted for a an additional period of one (1) year from the date of completion of such corrective w expiration the Owner’s acceptance of the original warranty period, whichever is laterContractor’s corrections.