Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 2.15.1 If any portion of the Work is covered over by Contractor or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the Contractor’s own expense. 2.15.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the Contractor shall bear such costs to uncover and remove and replace or repair. 2.15.3 Unless a specific written waiver of such non-conformance has been provided to the Contractor, Contractor agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or not. This obligation of Contractor shall continue for a period of two (2) years from the date of Substantial Completion. Nothing in this section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.15.4 Contractor, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event Contractor fails to commence the necessary corrective steps within seven (7) days of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period commence to correct or cause the correction of such nonconforming Work with its own or other forces. Contractor shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify Contractor of its intent to make such corrections at or before the commencement of the corrective work. 2.15.5 The two-year warranty period referenced in Section 2.14 applies only to the Contractor’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to Contractor’s other obligations under the Contract Documents. Contractor acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.15.1 2.16.1 If any portion of the Work is covered over by Contractor or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the Contractor’s own expense. 2.15.2 2.16.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the Contractor shall bear such costs to uncover and remove and replace or repair. 2.15.3 2.16.3 Unless a specific written waiver of such non-conformance has been provided to the Contractor, Contractor agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or not. This obligation of Contractor shall continue for a period of two (2) years from the date of Substantial Completion. Nothing in this section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.15.4 2.16.4 Contractor, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event Contractor fails to commence the necessary corrective steps within seven (7) days of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period commence to correct or cause the correction of such nonconforming Work with its own or other forces. Contractor shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify Contractor of its intent to make such corrections at or before the commencement of the corrective work. 2.15.5 2.16.5 The two-year warranty period referenced in Section 2.14 applies only to the Contractor’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to Contractor’s other obligations under the Contract Documents. Contractor acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.