General ▇▇▇▇▇▇▇▇ and Correction of Work. (a) In addition to any special guarantees or warranties contained in the Contract Documents, the ▇▇▇▇ warrants to the Owner that all materials and equipment furnished in performance of the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects in workmanship and materials and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. For any delegated design or other design services required by ▇▇▇▇ pursuant to the Contract Documents, shall be performed in conformity with the ordinary standard of care that a reasonable designer would exercise on the same type of project, at the same time and in the same place, and under the same or similar circumstances and conditions. All construction Work resulting from any delegated design services shall be subject to the warranties provided herein. (b) The ▇▇▇▇ shall promptly correct all defective Work to comply with the Contract Documents whether observed before or after the substantial completion date and whether or not fabricated, installed or completed The ▇▇▇▇ shall bear all costs of correcting defective Work. (c) If, within one (1) year after the Substantial Completion Date, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee or warranty required by the Contract Documents, any of the Work is found to be defective and not in accordance with the Contract Documents, the ▇▇▇▇ shall correct it promptly after receipt of a written notice from the Owner, or the Engineer, to do so. (d) All defective or non-conforming Work shall be removed from the site of the Work if necessary, and the Work shall be corrected to comply with the Contract Documents without cost to the Owner. The ▇▇▇▇ also shall bear the cost of making good all work of other contractors destroyed or damaged by removal or correction of the defective Work of ▇▇▇▇. (e) If the ▇▇▇▇ fails to timely and properly correct defective Work, the Owner may correct it and hold the ▇▇▇▇ liable for all costs, expenses and damages, including attorney’s fees and litigation costs incurred by Owner in correcting it. (f) In addition to the foregoing warranty, a warranty period of one (1) year shall apply under the same terms and conditions as the original warranty, to any work, supplied in correction ofof defective work under warranty pursuant to the provisions of this Section 15.4 and the ▇▇▇▇ shall assign to the Owner any warranties, including extended warranties, which are available in connection with the performance of such correction of defective Work. The warranty period shall commence on the date the Owner accepts the corrective Work of the ▇▇▇▇.
Appears in 1 contract
Sources: Construction Management Agreement
General ▇▇▇▇▇▇▇▇ and Correction of Work. (a) In addition to any special guarantees or warranties contained in the Contract Documents, the ▇▇▇▇ Contractor warrants to the Owner that all materials and equipment furnished in performance of the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects in workmanship and materials and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. For any delegated design or other design services required by ▇▇▇▇ pursuant to the Contract Documents, shall be performed in conformity with the ordinary standard of care that a reasonable designer would exercise on the same type of project, at the same time and in the same place, and under the same or similar circumstances and conditions. All construction Work resulting from any delegated design services shall be subject to the warranties provided herein.
(b) The ▇▇▇▇ Contractor shall promptly correct all defective Work to comply with the Contract Documents whether observed before or after the substantial completion date and whether or not fabricated, installed or completed completed. The ▇▇▇▇ Contractor shall bear all costs of correcting defective Work.
(c) If, within one (1) year after the Substantial Completion Datesubstantial completion date, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee or warranty required by the Contract Documents, any of the Work is found to be defective and not in accordance with the Contract Documents, the ▇▇▇▇ Contractor shall correct it promptly after receipt of a written notice from the Owner, or the Engineer, to do so.
(d) All defective or non-conforming Work shall be removed from the site of the Work if necessary, and the Work shall be corrected to comply with the Contract Documents without cost to the Owner. The ▇▇▇▇ Contractor also shall bear the cost of making good all work of other contractors destroyed or damaged by removal or correction of the defective Work of ▇▇▇▇Contractor.
(e) If the ▇▇▇▇ Contractor fails to timely and properly correct defective Work, the Owner may correct it and hold the ▇▇▇▇ Contractor liable for all costs, expenses expenses, and damages, including attorney’s fees and litigation costs incurred by Owner in correcting it.
(f) In addition to the foregoing warranty, a warranty period of one (1) year shall apply under the same terms and conditions as the original warranty, to any work, supplied in correction ofof of defective work under warranty pursuant to the provisions of this Section 15.4 17.04 and the ▇▇▇▇ Contractor shall assign to the Owner any warranties, including extended warranties, which are available in connection with the performance of such correction of defective Work. The warranty period shall commence on the date the Owner accepts the corrective Work of the ▇▇▇▇Contractor.
Appears in 1 contract
Sources: Construction Contract