Common use of Serial Defects Clause in Contracts

Serial Defects. If any Serial Defect arises at any time prior to Project Mechanical Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Equipment are necessary to correct such Serial Defect and to avoid further failures of the Equipment at the Project which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Equipment installed at the Project (whether or not such Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected.

Appears in 2 contracts

Sources: Build Transfer Agreement, Balance of Plant Engineering, Procurement and Construction Agreement