Common use of Deficiency in Work of Separate Contractors Clause in Contracts

Deficiency in Work of Separate Contractors. If part of the Design/Builder's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Design/Builder shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by the Design/Builder. The Design/Builder and the Separate Contractor shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto. Failure of the Design/Builder so to report shall constitute acceptance by the Design/Builder of the work of Separate Contractors as fit and proper to receive the Design/Builder's Work (except as to those defects or discrepancies that are not apparent), but only to the extent that the Owner is unable to recover against the Separate Contractor damages of the Design/Builder on account of such condition, as set forth below.