Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion;
Before Substantial Completion. The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.
Before Substantial Completion. The Contractor shall promptly correct Work rejected by the Architect or the Owner as defective or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and the Owner’s attorneys’ fees and related costs, disbursements and expenses made necessary thereby, shall be at the Contractor’s expense without reimbursement from the Owner. Roadways, pavements and curbs that are broken, damaged, settled or otherwise defective as a result of receiving, handling, storage of materials or the performance of any Work under the Contract Documents shall be fully restored to the satisfaction of the Owner.
Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion…” Brief Background [10] The parties entered into a contract on 1st September 2006. By that contract, the respondent, DCG Properties, employed the appellant, White Construction, to develop an 18-hole signature championship golf course and driving range in Saint Lucia. This was to be a part of the Xx Xxxxxxx Golf Course Project, which was designed by Xxxx Xxxxxx Golf Course Designs. DCG is a property developer engaged in the development of golf courses. The contract price was US$9,877,753.00. The commencement date was 1st September 2007. By a modification agreement dated 12th June 2007, the parties agreed that the completion date was to be 30th September 2008. [11] A dispute arose between the parties during the performance of the contract. DCG Properties gave notice to White Construction of its (DCG’s) intention to terminate the employment of White Construction. In turn, White Construction purported to terminate the contract. DCG Properties refused that purported termination on the ground that it was not done in accordance with the contractual provisions. White Construction eventually referred the dispute to arbitration, pursuant to clause 4.6 of the agreement. DCG Properties unsuccessfully challenged the arbitrator’s jurisdiction. Having failed in this challenge before the arbitrator, DCG instituted proceedings in the court in Saint Lucia on essentially the same grounds on which it had challenged the arbitrator’s jurisdiction. DCG’s claim in these court proceedings [12] In its fixed date claim before the court, DCG sought the following declarations:
Before Substantial Completion. 6.22.1.1 If the CM provides Defective Work or fails or neglects to perform the Work in accordance with the Construction Progress Schedule, the Contracting Authority or A/E may issue a written notice to the CM and CM’s Surety directing the CM to correct the Defective Work or recover schedule deficiencies. Unless otherwise specified in that written notice, the CM shall promptly commence and diligently pursue correction of the Defective Work and recovery of schedule deficiencies within no more than three days after the Contracting Authority issues the written notice (“72-Hour Notice”).
Before Substantial Completion. 6.22.1.1 If the DB provides Defective Work or fails or neglects to perform the Work in accordance with the Construction Progress Schedule, the Contracting Authority may issue a written notice to the DB and DB’s Surety directing the DB to correct the Defective Work or recover schedule deficiencies. Unless otherwise specified in that written notice, the DB shall begin to correct the Defective Work and recover the schedule deficiencies within no more than 3 days after the Contracting Authority issues the written notice (“72-Hour Notice”).
Before Substantial Completion. 12.4.1.1 The Design-Builder shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer’s services and expenses made necessary thereby shall be at the Design-Builder’s expense.
Before Substantial Completion the Percentage Share of the Semi-Annual Interest Payment coming due after the current Semi-Annual Period (as defined below); and
Before Substantial Completion. 11.5.2 Between Substantial Completion and Final Certification for Payment.
Before Substantial Completion. The Owner, or its designee, shall, from time to time, inspect the status of the Project. The Contractor shall promptly correct work not conforming to the Specifications and rejected by the Owner and may withhold payment until said work is corrected and accepted.
