Common use of Duty to Correct Clause in Contracts

Duty to Correct. In light of the above stated CM/GC’s warranty and guarantee, during the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the CM/GC until and unless the CM/GC can show abuse or design defect. The CM/GC shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.

Duty to Correct. In light of the above stated CM/GC’s warranty and guarantee, during During the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the CM/GC until and unless the CM/GC can show abuse or design defect. The CM/GC shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Professional and Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.