After Final Completion. As to acts or failures to act occurring after the date of Final Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Design Builder pursuant to any applicable warranty, the date of any correction of Work or failure to correct Work by the Design/Builder, or the date of actual commission of any other act or failure to perform any duty or obligation by the Design/Builder or the Owner, whichever occurs last.
After Final Completion. If, within one year after the date of Substantial Completion of the Work or a designated portion thereof, or any longer period prescribed by any special guarantee required by the Contract Documents, any of the Work is found to be not in accord with the requirements of the Contract Documents, Contractor shall cause the Work to be corrected promptly after receipt of written notice from Owner to do so unless Owner has previously given Contractor a written acceptance of such condition. This obligation under this paragraph shall survive acceptance of and payment for the Work under this Agreement. The obligation under this paragraph shall also survive termination of this Agreement for cause. Owner shall give such notice promptly after discovery of the condition.
After Final Completion. As to acts or failures to act occurring after the date of Final Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Design Builder pursuant to any applicable warranty, the date of any correction of Work or failure to correct Work by the CM@R, or the date of actual commission of any other act or failure to perform any duty or obligation by the CM@R or City, whichever occurs last.
After Final Completion. §12.2.2.1 In addition to Contractor’s obligations under Section 3.5, if, within one year after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties established herein, or by terms of an applicable special warranty required by the Contract Documents, or within such longer period of time as may be prescribed by law or in equity, any of the Work is found to be defective or otherwise not in accordance with the requirements of the Contract Documents, either Owner may correct the Work and charge the costs back to Contractor, or Contractor shall correct it promptly at Contractor’s expense after receipt of written notice from Owner to do so unless Owner, with knowledge of the defective or non-conforming condition, has previously given
§12.2.2.2 Corrective work shall be warranted to be free from defects for the longer of (1) a period of twelve (12) months after the completion of the corrective work, (2) any period specified in the original warranty on such work, (3) any period specified by manufacturer’s warranty, or (4) any period that may be prescribed by law or equity. Any defect in such corrective work shall be corrected again by Contractor promptly upon notice of the defect from Owner. The obligation under this Paragraph
§12.2.3 Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Owner.
§12.2.4 Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of Owner or separate contractors caused by Contractor’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents.
§12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents.
After Final Completion. In addition to the Design-Builder’s obligations under Section GC-3.5, if, within the later of one year after the later of the date of Final Completion of the Work or after the date for commencement of warranties established under the Design-Build Documents, or by terms of an applicable special warranty required by the Design-Build Documents including the special warranty applicable to Selected Equipment and Systems, any of the Work is found to be not in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it with no change in the Cost of the Work according to the requirements of this Section GC-12.2 promptly after receipt of written notice from the Owner. If the Design-Builder does not initiate corrective Work within the timelines outlined below, the Owner may then proceed to correct the Work and dispose of materials and equipment as it sees fit, and the Design-Builder will be liable for all costs. This one-year correction period shall be extended with respect to portions of Work first performed after Final Acceptance and by corrective Work performed by the Design-Builder by the period of time between Final Completion and the actual performance of the Work. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages.
2.3 The Design-Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design-Build Documents and that either are not corrected by the Design-Builder or accepted by the Owner.
2.4 The Design-Builder shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Design-Builder’s correction or removal of Work that is not in accordance with the requirements of the Design-Build Documents.
2.5 Nothing contained in this Section GC-12.2 shall be construed to establish a period of limitation with respect to other obligations the Design-Builder might have under the Design-Build Documents. Establishment of the one-year period for correction of Work as described in Section GC-12.2.2 relates only to the specific obligation of the Design-Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design-Build Documents may be sought to be enforced, nor to ...
After Final Completion. As to acts or failures to act occurring after the date of Final Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the CM@R pursuant to any applicable warranty, the date of any correction of Work or failure to correct Work by the CM@R, or the date of actual commission of any other act or failure to perform any duty or obligation by the CM@R or City, whichever occurs last. Statute of Repose. The time period for the applicable Statute of Repose shall commence to run at Substantial Completion of the Work.
After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition.
(b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents.
After Final Completion. It is the nature of construction projects that faults and defects caused by failure in design, workmanship or materials may only become apparent many years after completion and it is not always evident whether they are caused by a design, workmanship or materials defect. These defects are known as latent defects. A typical example is misplaced reinforcement in concrete which will take time to show visible defects but eventually will damage the structure. The latent defects liability period for the works is restricted and shall commence at the start of the construction period and end five years from the certified date of final completion (see clause 22.1). This limitation of liability varies the common law position in which the contractor would remain liable for latent defects for all time – or at least until the building is demolished. Latent defects are defects that cannot be identified during normal inspections. It manifests after the final completion certificate has been issued. The issuing of a final completion certificate under a building and construction contract does not terminate the contractor’s obligation for damages arising out of defective work claims. The contractor is obliged to remedy all latent defects that appear up to the date of expiry of the latent defects liability period. In other words, the certificate of final completion as to the sufficiency of the works does not derogate from the common law right of the building owner to claim in respect of defects or faults in the execution of the works which only become apparent thereafter.
After Final Completion. In addition to the Contractor’s obligations under Section 6-2.01G, if, within one (1) year after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the City, the City may correct it in accordance with Section 5-1.04. The one (1) year correction period shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual completion of that portion of the Work. During the one (1) year correction guarantee period, the Contractor shall act on all notices received from the City within forty-eight (48) hours, unless the notice states that an emergency response is required (in which event, the Contractor shall act immediately). The City will not be required to call Subcontractors, suppliers or manufacturers directly. The Contractor’s performance bond surety shall be liable for any breaches of all guarantees, including the correction guarantee established by this Section. In the event of failure of the Contractor to comply with above mentioned conditions within two (2) calendar days (48 hours) or immediately for emergencies after being notified in writing, the City is hereby authorized to proceed to have defects repaired and made good at the expense of the Contractor who hereby agrees to pay all costs and charges, direct and indirect, therefore immediately on demand. If, in the opinion of the City, defective Work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City will attempt to give the notice required by this Section 6-2.01H. If the Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this Section 6-2.01H, proceed to make such correction or provide such attention and the ...
After Final Completion. EPC Contractor shall complete and submit: As-Built Drawing Set five (5) business days after Final Completion confirming the following: Final system size Module locations Module quantity per circuit, per string inverter Raceway location (if applicable) and cable tray spec Path of branch runs Re-combiner/combiner locations listing terminal location and the associated combiner boxes tied to each home run cable (if applicable) Disconnect location/size/trip rating PVDP locations Inverter location(s) with identification numbers, dimensions, spacing/setbacks and serial numbers Equipment pad size/location/orientation (if applicable) Conduit/raceway riser drawing of conduits/ cables coming over/through the roof, down the wall to the main electrical room. Location of data acquisition box, weather station, low voltage transformers and other monitoring devices. Location of electrical panel which supplies power to monitoring equipment. Any obstruction removed or unaccounted for at the commencement of construction As part of the As-Built submittal, identify all equipment serial numbers as follows: Solar module pallet IDs. Actual serial numbers for partial pallets only. Inverter assembly components DAS monitoring equipment which includes meters, weather station, CTs, cell modem, data logger, Ethernet switch, power supplies, if listed in BOM. When applicable smart combiner boxes and re-combiner boxes EPC Contractor shall take photographs of the following equipment upon completion of the System installation and upload photographs to the designated FTP website: DAS equipment Solar array Wire management methods Inverter and inverter mounting Site modifications, including but not limited to landscaping, gates/fencing, etc. EPC Contractor shall provide final production report based in final system design as provided in As-Builts [Siting Counsel] [Stormwater] [Variances, etc.]
