ERRORS IN DESIGN Clause Samples

ERRORS IN DESIGN. 19.1 The Design-Builder is responsible for the Design, including all errors, omissions or deficiencies in the Design. 19.2 The Design-Builder will give written notice to the Owner immediately upon becoming aware of any error, omission or deficiency in the Design. 19.3 The Design-Builder will remedy at its own cost any error, omission or deficiency identified in the Design, including any resulting error, omission or deficiency in the Design that results in defects or deficiencies in any part of the Construction that has been commenced or completed. The Design-Builder will ensure that such remediation will conform to the requirements of this Agreement.‌‌ 19.4 Without limiting Section 19.3, the Design-Builder will prepare the Design and perform the Construction in accordance with the energy performance requirements described in Schedule 1 – Statement of Requirements and in accordance with the energy model proposed by the Design- Builder. 19.5 If at any time after Substantial Completion and prior to expiry of the Warranty Period (as described in Section 38), the Owner’s Consultant determines that the Project has failed to achieve the energy performance requirements described in Schedule 1 – Statement of Requirements and the final energy model, the Design-Builder will modify the electrical, mechanical or other systems, at its own cost, as necessary to meet such energy performance requirements and energy model, unless: (a) the Design-Builder and the Owner agree that the cost of such modifications to the electrical, mechanical or other systems will exceed the value of additional energy costs for the Facility that the Owner determines, in its sole discretion, it will incur following Substantial Completion and over the life of the Facility; and (b) the Owner agrees to accept payment by the Design-Builder in lieu of such modifications.‌‌