Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 2.13.1. CM@Risk understands and agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to Section 2.12 above, within a period of one (1) year from the date of Substantial Completion of the Work, or within such longer period to the extent required by the Contract Documents. CM@Risk also understands and agrees that any payments, or partial or the entire use or occupancy of the Project by the City, shall not constitute acceptance of Work not in conformance with the Contract Documents. 2.13.2. During the Work, CM@Risk understands and agrees that it shall commence correction of such nonconforming Work upon written notification by the OPT. This includes the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. CM@Risk further understands and agrees that if it fails to commence correction upon written notice, City, in addition to any other remedies provided under the Contract Documents, may, but shall not be obligated to correct such nonconforming Work itself. 2.13.3. CM@Risk understands and agrees that it shall, commence correction of nonconforming Work within seven (7) Days of receipt of written notice from OPT. 2.13.4. If the nonconforming Work creates an emergency requiring an immediate response, the CM@Risk will respond and initiate corrections within twenty-four hours. 2.13.5. If City does perform such corrective Work or commence performance within the time prescribed above in Sub-Sections 2.13.3 and 2.13.4, CM@Risk understands and agrees that it shall be responsible for all reasonable costs incurred by City in performing such correction. 2.13.6. The one (1) year period referenced in Division 2.13.1 above applies only to CM@Risk’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies City may have regarding CM@Risk’s other obligations under the Contract Documents.

Correction of Defective Work. 2.13.1. CM@Risk understands and 2.12.1 XXXX agrees to correct any Work that is found to not to be in conformance with the Contract Documents, including that part of the Work subject to Section 2.12 above, within a period of one (1) year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents, or as may be available to the City by law. CM@Risk also understands and agrees that any paymentsA progress payment, or partial or the entire use or occupancy of the Project by the City, shall not constitute acceptance of Work not in conformance accordance with the Contract Documents. 2.13.2. 2.12.2 During the performance of the Work, CM@Risk understands and agrees that it XXXX shall take meaningful steps to commence correction of such nonconforming Work upon written notification as notified by the OPTCity or as discovered by XXXX. This includes the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. CM@Risk further understands and agrees that if it If XXXX fails to commence correction upon written noticethe necessary steps during the performance of the Work, City, in addition to any other remedies provided under the Contract Documents, may, but may provide XXXX with written notice that City shall not be obligated to correct commence correction of such nonconforming Work itselfwith its own forces. 2.13.3. CM@Risk understands and agrees that it 2.12.3 XXXX shall, take meaningful steps to commence correction of nonconforming Work subject to Section 2.12 and/or Section 2.13.1 above, within seven (7) Days days of receipt of written notice from OPT. 2.13.4City. If This includes the correction, removal or replacement of the nonconforming Work creates an emergency requiring an immediate responseand any damage caused to other parts of the Work affected by the nonconforming Work. If XXXX fails to commence the necessary steps within such seven-day period, City, in addition to any other remedies provided under the CM@Risk will respond and initiate corrections within twenty-four hours. 2.13.5Contract Documents, may provide XXXX with written notice that City shall commence correction of such nonconforming Work with its own forces. If City does perform such corrective Work or commence performance within the time prescribed above in Sub-Sections 2.13.3 and 2.13.4Work, CM@Risk understands and agrees that it XXXX shall be responsible for all reasonable costs incurred by City in performing such correction. 2.13.6. 2.12.4 For nonconforming Work that creates an emergency requiring an immediate response, XXXX shall respond and initiate corrections within twenty-four hours. 2.12.5 The one (1) year period referenced in Division Subsection 2.13.1 above applies only to CM@Risk’s XXXX’x obligation to correct nonconforming Work relative to the warranty set forth in that section and is not intended to constitute a period of limitations for any other rights or remedies the City may have regarding CM@Risk’s XXXX’x other obligations under the Contract DocumentsDocuments or as may be allowed by law.

Correction of Defective Work. 2.13.1. CM@Risk understands and agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to Section 2.12 above, within a period of one (1) year from the date of Substantial Completion of the Work, or within such longer period to the extent required by the Contract Documents. CM@Risk also understands and agrees that any payments, or partial or the entire use or occupancy of the Project by the City, shall not constitute acceptance of Work not in conformance with the Contract Documents. 2.13.2. During the Work, CM@Risk understands and agrees that it shall commence correction of such nonconforming Work upon written notification by the OPT. This includes the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. CM@Risk further understands and agrees that if it fails to commence correction upon written notice, City, in addition to any other remedies provided under the Contract Documents, may, but shall not be obligated to correct such nonconforming Work itself. 2.13.3. CM@Risk understands and agrees that it shall, commence correction of nonconforming Work within seven (7) Days of receipt of written notice from OPT. 2.13.4. If the nonconforming Work creates an emergency requiring an immediate response, the CM@Risk will respond and initiate corrections within twenty-four hours. 2.13.5. If City does perform such corrective Work or commence performance within the time prescribed above in Sub-Sections 2.13.3 and 2.13.4, CM@Risk understands and agrees that it shall be responsible for all reasonable costs incurred by City in performing such correction. 2.13.6. The one (1) year period referenced in Division 2.13.1 above applies only to CM@Risk’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies City may have regarding CM@Risk’s other obligations under the Contract Documents.