Construction Defect(s) definition

Construction Defect(s) means any actual or alleged defective, faulty, or delayed construction or any other matter constituting a construction defect under applicable law, regardless of

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Construction Defect(s) means any actual or alleged defective, faulty or delayed construction or any other matter constituting a construction defect under applicable law regardless of whether it results from:

Construction Defect(s) means defects in the materials used in the construction of the said Wing which would result in the failure of a component part thereof or result in damage thereto; and shall always exclude wear and tear, loss or damage due to a Force Majeure event, minor changes/ cracks on account of any variation in temperature/weather, misuse, unauthorised or non-permitted alterations, renovations or repairs and loss or damage caused by any act, omission, negligence, and/or failure to undertake proper and effective care and maintenance as a prudent person would.

Examples of Construction Defect(s) in a sentence

• For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further one year from the date of the last work completed in respect of such corrective Works.

• For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works.

• Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority to correct Construction Defects and Construction Latent Defects within the time periods required by Contracting Authority (which, for certainty, may, in respect of an Emergency, require immediate correction).

• In addition to satisfying the process described in Section 8.4.1 above, Claimant shall provide Seller with full access to the Project Site to inspect the alleged Construction Defect(s).

• If there is any unfinished Work and/or there are any Construction Defects, Builder shall complete the Work and/or cure the Construction Defects within a reasonable amount of time.

• For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f).

• Builder solely and exclusively warrants its Work (as defined herein in section 3., above) shall be free from Construction Defects for a period of one (1) year from the Substantial Completion Date subject to the limitations set forth below (the “Warranty”).

• At a reasonable, agreed to time after Substantial Completion, Builder and Owner shall conduct a walk-through to inspect the Project to determine that the Builder completed the Work, and that there are no Construction Defects.

• For all work to correct Construction Defects, the Warranty Period shall be extended for a further one year from the date of the last work completed in respect of such corrective Works.

• For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry-standard or other equipment warranties in accordance with Section 11.15(f).

More Definitions of Construction Defect(s)

Construction Defect(s) means (x) all defects (latent or otherwise) in construction, including without limitation, "structural defects" (as such term is defined in SECTION 3.2(c) hereof), design defects and defects in materials or workmanship, (y) non-conformance with the final plans and specifications approved by Operator, or (z) failure to comply with applicable law in relation to the design, construction or materials), (B) the failure by Owner to comply with any of the terms and provisions of this Agreement, (C) any action taken by Owner or its agents or employees beyond the scope of Owner's authority as set forth in this Agreement, (D) the failure by Owner to comply with all laws, ordinances, codes, regulations and decisions with respect to the sales and marketing of Units or Cabanas or ownership of the Hotel Lot (excluding ADA compliance, which shall be governed by the provisions of SECTION 12.1), (E) any alleged or actual violations of federal or state securities laws, including, without limitation, violations of federal or state securities laws relating to the Owner's marketing and promotion of the Condominium Lease Agreements and the Units and/or the Cabana Lease Agreements and the Cabanas, (F) any alleged or actual misrepresentation or fraud by Owner or its agents or employees relating to the sale of Units or Cabanas or the promotion of the Rental Program, (G) any Claims which may be alleged, made, instituted or maintained by a past, present or prospective purchaser or owner of a Unit, a Cabana, the Hotel Lot, or the Parking Garage Lot based on actions or inactions of the Owner or its personnel or agents which are in violation of any covenant, term, provision or representation made by Owner herein (including, without limitation, the provisions set forth in ARTICLE IV hereof), or in violation of federal or state laws relating to the Owner's marketing and promotion of the Condominium Unit Lease Agreements and/or Units or the Cabana Lease Agreements and/or Cabanas, or sale of the Units or Cabanas, or (H) any responsibility, liability or obligation of Owner as the developer of the Hotel Project, the "Declarant" under the POA Covenants or the "Declarant" under the Declaration of Condominium.

Construction Defect(s) means that an element or component of the HOME and/or the COMMON ELEMENTS fails to conform to the: • expected level of performance described in the ONE YEAR WORKMANSHIP AND MATERIALS WARRANTY AND PERFORMANCE STANDARDS adopted by the Texas Residential Construction Commission applicable to the HOME or COMMON ELEMENTS; or • expected level of performance described in the TWO YEAR DELIVERY SYSTEMS WARRANTY AND PERFORMANCE STANDARDS adopted by the Texas Residential Construction Commission applicable to the HOME or COMMON ELEMENTS; or • expected level of performance described in the TEN YEAR MAJOR STRUCTURAL COMPONENTS WARRANTY AND PERFORMANCE STANDARDS adopted by the Texas Residential Construction Commission applicable to the HOME or COMMON ELEMENTS; or • TEN YEAR WARRANTY OF HABITABILITY applicable to the HOME or COMMON ELEMENTS. If an element or component of a HOME or COMMON ELEMENTS is not described particularly in the performance standards adopted by the Texas Residential Construction Commission, a determination as to whether the element or component: • fails to perform in accordance with usual and customary residential construction practices for the purpose it was intended for the applicable statutory warranty periods; or • is not in substantial compliance with the applicable standards of the National Electrical Code or the non-electrical standards contained in the applicable version of the International Residential Code. WE and any arbitrator assigned to rule relative to a CONSTRUCTION DEFECT will consider both this definition and Section III – A. (Standards By Which the Presence of a CONSTRUCTION DEFECT Will Be Determined) in determining the existence of a CONSTRUCTION DEFECT. A flaw is a CONSTRUCTION DEFECT if either WE or an arbitrator conducting a binding arbitration hearing declares the flaw to be a CONSTRUCTION DEFECT. OUR obvious and visible failure to complete the construction of the HOME or COMMON ELEMENTS, or any portion of the HOME or COMMON ELEMENTS, is not a CONSTRUCTION DEFECT.

Construction Defect(s) means defects in the materials used in the construction of the Retail/Commercial Levels which would result in the failure of a component part thereof or result in damage thereto; and shall always exclude wear and tear, loss or damage due to a Force Majeure Event, defects due to minor changes/ cracks the Retail/Commercial Levels/the Shop/Office Unit on account of any variation in temperature/weather, misuse, unauthorised or non- permitted alterations, renovations or repairs and loss or damage caused by any willful act or negligence, defects due to the failure of the Allottee/s and/or the Entity & Organisation (as the case may be) to undertake proper and effective care and maintenance of the Retail/Commercial Levels/the Shop/ Office Unit as prudent persons would . .

Construction Defect(s) shall have the meaning set forth in SECTION 10.1.

Construction Defect(s) shall have the meaning set forth in SECTION ---------------------- ------- 10.