Common use of Contractor’s Duty to Remedy Defects and Warranty of Repaired or Replaced Work Clause in Contracts

Contractor’s Duty to Remedy Defects and Warranty of Repaired or Replaced Work. The Contractor shall, at the Owner’s reasonable election, either repair or replace any defects in any of the Contractor’s Work as soon as the Contractor becomes aware of such defects or is notified of such defects. Should the Contractor refuse or neglect to make good such defects within a reasonable time after receiving notice requesting such remedial Work, then the Owner shall be entitled to make good such defective Work at the Contractor’s expense. Contractor’s obligation hereunder is in addition to, and not in substitution of, any other remedy the Owner may have hereunder, or at law or in equity. Any warranty repair or replacement shall comply with the requirements of this Agreement and shall be verified by the Contractor’s performance of testing as Owner may require. All costs incidental to such repair, replacement, and testing, including the removal, replacement and reinstallation of equipment and materials necessary to gain access to concealed areas, shall be borne by the Contractor. Contractor warrants such repaired or replaced Work against defective materials, and workmanship for a period of one (1) year from Owner’s acceptance thereof. Should Contractor fail to promptly make the necessary repair, replacement, and testing, Owner may perform or cause to be performed the same at Contractor’s expense. Contractor shall be liable for the satisfaction and full performance of the warranties as set forth herein.