CORRECTION OF WORK WITHIN ONE YEAR. 4.11.2.1 If prior to Substantial Completion or within one year after the date of Substantial Completion of the Work any Defective Work is found, the Owner shall promptly notify the Construction Manager in writing. Unless the Owner provides written acceptance of the condition, the Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the one-year correction period the Owner discovers and does not promptly notify the Construction Manager or give the Construction Manager an opportunity to test or correct Defective Work as reasonably requested by the Construction Manager, the Owner waives the Construction Manager's obligation to correct that Defective Work as well as the Owner's right to claim a breach of the warranty with respect to that Defective Work.
CORRECTION OF WORK WITHIN ONE YEAR. 3.9.1 If, prior to Substantial Completion and within one year after the date of Substantial Completion of the Work, any Defective Work is found, the Owner shall promptly notify the Constructor in writing. Unless the Owner provides written acceptance of the condition, the Constructor shall promptly correct the Defective Work ; provided however, that the corrective work shall be performed by Subcontractors at Constructor’s direction and Constructor’s responsibility and liability shall be limited to coordinating appropriate Subcontractors and Material Suppliers, exercising remedies under the relevant subcontracts and supply agreements to enforce defects liability provisions and warranties and directing them to perform the required corrective work. Constructor shall be paid its costs and Constructor’s Fee for managing the Subcontractors’ corrective work. If within the one-year correction period the Owner discovers and does not promptly notify the Constructor or give the Constructor an opportunity to test or correct Defective Work as reasonably requested by the Constructor, the Owner waives the Constructor’s obligation to correct that Defective Work as well as the Owner’s right to claim a breach of the warranty with respect to that Defective Work. In the event that the relevant Subcontractors and Material Suppliers are in default of their obligations (and taking into account Owner’s rights to approve all such Subcontractors and Material Suppliers as set forth herein), Constructor shall at Owner’s reasonable instruction mobilize alternative arrangements to mitigate the Defective Work at Owner’s cost and expenses, plus Constructor’s Fee to be agreed by Owner and Constructor.
