NO WAIVER OF LEGAL RIGHTS. Upon completion of the Work, the Owner will make a final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the Work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her Surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract Documents. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. In all cases, the Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty and guaranty.
Appears in 7 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
