After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 8 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-BuilderContractor’s obligations under Section 3.1.123.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an any applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so so, unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and give the Design-Builder Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder Contractor and to make a claim for breach of warranty. If the Design-Builder Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Architect, the Owner may correct it in accordance with Section 7.92.5.
§ 11.2.2.2 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.212.2.
Appears in 6 contracts
Samples: Construction Contract, Construction Contract, Standard Form of Agreement Between Owner and Contractor
After Substantial Completion. § 11.2.2.1 16.8.2.1 In addition to the Design-BuilderCM/GC’s obligations under Section 3.1.12, 2.7.2 if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.110.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder CM/GC shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder CM/GC a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder CM/GC and give the Design-Builder CM/GC an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder CM/GC and to make a claim for breach of warranty. If the Design-Builder CM/GC fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Architect, the Owner may correct it in accordance with Section 7.93.4.
§ 11.2.2.2 16.8.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 16.8.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder CM/GC pursuant to this Section 11.216.8.
Appears in 5 contracts
Samples: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement
After Substantial Completion. § 11.2.2.1 In addition (1) Pursuant to the Design-Builder’s Contractor's warranty obligations under Section 3.1.12Article XVIII, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1Article XVIII, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Architect/Engineer, the Owner may correct it pursuant to Article 11.08. The foregoing notwithstanding, nothing in accordance this Agreement shall be construed as a waiver by Owner of its right to assert a Claim for breach of contract with Section 7.9respect to any breach hereof, including any latent defect in Contractor’s Work, if the same was not actually discovered by Owner in sufficient time to report the same to Contractor during the warranty period.
§ 11.2.2.2 (2) The one-year warranty period for correction of Work (or other applicable warranty period) shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the Work.
§ 11.2.2.3 (3) The one-year period for correction of Work (or other applicable warranty period) shall not be extended by continue as to corrective Work performed by the Design-Builder Contractor, pursuant to this Section 11.2Article XVIII.
Appears in 3 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Design- Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner Manager to do so unless the Owner Manager has previously given the Design-Builder a written acceptance of such condition. The Owner Manager shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner Manager fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner Manager waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period fourteen (14) days after receipt of notice from the OwnerManager, the Owner Manager may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year or extended period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2, but only as to the Work which was corrected.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-Builder’s Construction Manager's obligations under Section 3.1.12Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof thereof, or after the date for commencement of warranties established under Section Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Construction Manager shall correct it promptly after receipt of written notice from the Owner Development Manager to do so unless the Owner Development Manager has previously given the Design-Builder Construction Manager a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner Development Manager fails to notify the Design-Builder Construction Manager and give the Design-Builder Construction Manager an opportunity to make the correction, the Owner waives the rights right to require correction by the Design-Builder and Construction Manager or to make a claim for breach of warranty. If the Design-Builder Construction Manager fails to correct nonconforming Work within a reasonable the time during that period after receipt of notice from the Ownerset forth in Paragraph 2.4, the Owner may correct it in accordance with Section 7.9Paragraph 2.4.
§ 11.2.2.2 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed or for corrective Work completed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the Work.
§ 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended by for Work which does not require corrective Work performed by the Design-Builder Construction Manager pursuant to this Section 11.2Paragraph 12.2.
Appears in 2 contracts
Samples: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly within a reasonable time after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder within a reasonable time after discovery and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder (Fox Factory Holding Corp)
After Substantial Completion. § 11.2.2.1 In addition to the Design-BuilderDBC’s obligations under Section 3.1.12, if, within one year two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder DBC shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder DBC a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the onetwo-year period for correction of the Work, if the Owner fails to notify the Design-Builder DBC and give the Design-Builder DBC an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder DBC and to make a claim for breach of warranty. If the Design-Builder DBC fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The onetwo-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The onetwo-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder DBC pursuant to this Section 11.2.
Appears in 1 contract
Samples: Design Build Agreement
After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-BuilderContractor’s obligations under Section 3.1.123.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be defective or to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor of any discovered condition and give the Design-Builder Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder Contractor and to make a claim for breach of warrantywarranty with respect to such discovered condition. If the Design-Builder Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Architect, the Owner may correct it in accordance with Section 7.92.4.
§ 11.2.2.2 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.212.2.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)
After Substantial Completion. § 11.2.2.1 70 12.2.2.1 In addition to the Design-Builder’s Contractor's obligations under Section 3.1.12Paragraph 3.5, if, within one year two-years after the date of Substantial Completion of the Work or designated portion thereof thereof, or after the date for commencement of warranties established under Section Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found to This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Mohave Community Colleges requested such use. MCC pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During this warrantee period, if any faulty or defective materials or workmanship is discovered, the Owner will provide notice to the Contractor requesting the Contractor repair or remedy the defect at 5 the sole expense of the Contractor. During the one-year two-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and give the Design-Builder Contractor an opportunity to make the correction, the Owner does not waives the rights right to require correction by the Design-Builder and Contractor or to make a claim for breach of warranty. .
.1 The Contractor agrees that he shall respond to the warranty request within forty-eight (48) hours, and then commence and
.2 If the Design-Builder Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from timely commence the corrective work, the Owner, at his option, may perform the Owner may correct it in accordance with Section 7.9.corrective work or have
§ 11.2.2.2 12.2.2.2 The one-one year two- year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the Work., or for a 20 period of six months after completion of the corrective work, whichever is longer. During this warrantee period, if any faulty or defective
§ 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.2.to
Appears in 1 contract
Samples: General Conditions of the Contract for Construction
After Substantial Completion. § 11.2.2.1 i. In addition to the Design-Builder’s Xxxxxxx’x obligations under Section 3.1.127.13, if, within one year after the date of Substantial Completion of the IDB Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.111.1.4, or by terms of an applicable special warranty required by the Industrial Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Industrial Design-Build Documents, the Design-Builder Xxxxxxx shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Xxxxxxx a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-one year period for correction of the IDB Work, if the Owner fails to notify the Design-Builder and give the Design-Builder Xxxxxxx an opportunity to make the correction, the Owner waives the rights right to require correction by the Design-Builder Xxxxxxx and to make a claim for as part of any breach of warrantywarranty claim. If the Design-Builder Xxxxxxx fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.910.8.
§ 11.2.2.2 ii. The one-year period for correction of IDB Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 iii. The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Xxxxxxx pursuant to this Section 11.214.2.
Appears in 1 contract
After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-Builder’s Contractor's obligations under Section 3.1.12Paragraph 3.5, if, if within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1Subparagraph 9.8.6, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so so, unless the Owner has previously given the Design-Builder a Contractor an express written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-one year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and fails to give the Design-Builder Contractor an opportunity to make the correction, the Owner waives the rights to require the correction by the Design-Builder Contractor and to make a claim for breach of warranty. If the Design-Builder Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Design Professional, the Owner may correct it in accordance with Section 7.9Paragraph 2.4.
§ 11.2.2.2 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the WorkWork and in accordance with all other requirements of Subparagraph 9.8.6.
§ 11.2.2.3 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.2Paragraph 12.2 and Sub-paragraph 9.8.6.
Appears in 1 contract
After Substantial Completion. § 11.2.2.1 In addition to the Design-BuilderContractor’s obligations under Section 3.1.123.1.12 and all other rights and remedies of Owner, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be defective or not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and give the Design-Builder Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warrantyContractor. If the Design-Builder Contractor fails to correct defective or nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.the
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.2.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. Such a written acceptance is not effective as an acceptance unless it specifically describes the condition that is not in accordance with the Design-Build Documents and contains substantially the following statement: "The Owner accepts [such condition] despite its not being in accordance with the Design-Build Documents." During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner Manager to do so unless the Owner Manager has previously given the Design-Builder a written acceptance of such condition. The Owner Manager shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner Manager fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner Manager waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period fourteen (14) days after receipt of notice from the Owner, the Owner Manager, the Manager may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year or extended period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.Section 11.2, but only as to the Work which was corrected.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section Sections 9.8.5 or 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2., but only as to the corrected Work.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-BuilderContractor’s obligations under Section 3.1.123.1.12 and all other rights and remedies of Owner, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be defective or not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and give the Design-Builder Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warrantyContractor. If the Design-Builder Contractor fails to correct defective or nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.2.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Design- Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 1 contract
Samples: Design Build Agreement
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner Manager to do so unless the Owner Manager has previously given the Design-Builder a written acceptance of such condition. The Owner Manager shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner Manager fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner Manager waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period fourteen (14) days after receipt of notice from the OwnerManager, the Owner Manager may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year or extended period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2, but only as to the Work which was corrected.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 12.4.2.1 In addition to the Design-Builder’s warranty obligations under Section 3.1.12, the Agreement if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder shall correct it promptly repair or replace any of the Work which is found not to be in conformance with any requirement of the Contract Documents after receipt of written notice from the Owner City to do so so, unless the Owner City has previously given the Design-Builder a written acceptance of such condition. The Owner City shall give such notice promptly after discovery of the condition. During .
12.4.2.2 The Design-Builder shall bear the one-year period for correction cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Work, if City or separate Contractor caused by the Owner fails Design-Builder’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents.
12.4.2.3 Nothing contained in this Paragraph 12.4 shall be construed to notify establish a period of limitation with respect to other obligations which the Design-Builder and give might have under the Design-Builder an opportunity to make Contract Documents. Establishment of the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-three (3) year period for correction of Work shall be extended with respect as described in Subparagraph 12.3.2 relates only to portions the specific obligation of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design-Builder’s liability with respect to the Design-Builder’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Build Agreement
After Substantial Completion. § 11.2.2.1 12.2.2.1 In addition to the Design-BuilderContractor’s obligations under the Contract Documents (including but not limited to Section 3.1.123.5), and without limiting Owner’s other rights and remedies under the Contract Documents or at law, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or which the Owner agrees in writing to accept separately, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an any applicable special warranty required by the Design-Build Contract Documents, any of the Work is found not to be defective or not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so so, unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder Contractor fails to correct defective or nonconforming Work within a reasonable time during that period after receipt of notice from the OwnerOwner or Design Professional, the Owner may correct it in accordance with Section 7.92.5 provided that if payment of the Contract Sum has already been made by the Owner then upon demand the Contractor shall reimburse the Owner pursuant to Section 2.5.
§ 11.2.2.2 12.2.2.2 The one-one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion of the Work as a whole by the period of time between Substantial Completion of the Work as a whole and the actual completion of that portion of the Work.
§ 11.2.2.3 12.2.2.3 The one-one (1) year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder Contractor pursuant to this Section 11.212.2 shall only be extended for that period of time that equals the amount of time after Substantial Completion of the Work as a whole that the corrected portions of the Work were defective or nonconforming. Such extensions shall be applicable only to corrected portions of the Work.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. Such a written acceptance is not effective as an acceptance unless it specifically describes the condition that is not in accordance with the Design-Build Documents and contains substantially the following statement: "The Owner accepts [such condition] despite its not being in accordance with the Design-Build Documents." During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2, but only as to the corrected Work.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
§ 11.2.2.4 Upon request by the Owner and prior to the expiration of one year from the date of Substantial Completion, the Architect will conduct and the Design-Builder shall attend a meeting with the Owner to review the facility operations and performance.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder
After Substantial Completion. § 11.2.2.1 70 12.2.2.1 In addition to the Design-Builder’s Contractor's obligations under Section 3.1.12Paragraph 3.5, if, within one year two-years after the date of Substantial Completion of the Work or designated portion thereof thereof, or after the date for commencement of warranties established under Section Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Design-Build Contract Documents, any of the Work is found to This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Maricopa Community Colleges requested such use. MCCCD pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During this warrantee period, if any faulty or defective materials or workmanship is discovered, the Owner will provide notice to the Contractor requesting the Contractor repair or remedy the defect at 5 the sole expense of the Contractor. During the one-year two-year period for correction of the Work, if the Owner fails to notify the Design-Builder Contractor and give the Design-Builder Contractor an opportunity to make the correction, the Owner does not waives the rights right to require correction by the Design-Builder and Contractor or to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2.
Appears in 1 contract
Samples: General Conditions of the Contract for Construction
After Substantial Completion. § 11.2.2.1 12.4.2.1 In addition to the Design-Builder’s warranty obligations under Section 3.1.12, the Agreement if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, Contract Documents any of the Work is found not to be not in accordance with the requirements of the Design-Build Contract Documents, the Design-Builder shall correct repair or replace it promptly after receipt of written notice from the Owner City to do so unless the Owner City has previously given the Design-Builder a written acceptance of such condition. The Owner City shall give such notice promptly after discovery of the condition. During .
12.4.2.2 The Design-Builder shall bear the one-year period for correction cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Work, if City or separate Design-Builders caused by the Owner fails Design-Builder’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents.
12.4.2.3 Nothing contained in this Section 12.4.2 shall be construed to notify establish a period of limitation with respect to other obligations which the Design-Builder and give might have under the Design-Builder an opportunity to make Contract Documents. Establishment of the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
§ 11.2.2.2 The one-one (1) year period for correction of Work shall be extended with respect as described in Subsection 12.4.2.1 relates only to portions the specific obligation of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design-Builder’s liability with respect to the Design-Builder’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Build Agreement