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Common use of After Substantial Completion Clause in Contracts

After Substantial Completion. 1 In addition to the Contractor’s obligations under Section 3.5, 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 Paragraph 9.9.1, 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 Owner to do so. The Owner shall give such notice promptly after discovery of the condition. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may, without prejudice to any other remedies, correct it in accordance with Section .2 The one (1)-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.

Appears in 5 contracts

Samples: Contract for Construction, Contract for Construction, Contract for General Construction

After Substantial Completion. 1 In addition to the Contractor’s obligations under Section 3.5, 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 Paragraph Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documentsany other warranty, any of the Work is found to be not in accordance with the requirements of the Contract DocumentsDocuments or defective, the Contractor shall correct it promptly after receipt of written notice from the Owner to do soso unless the Owner has previously given the 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 Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may, without prejudice to any other remedies, may correct it in accordance with Section .2 The one (1)-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 WorkSection 2.4.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor