Correction of Work After Completion. For Defects identified by the Owner and for which the Owner has notified the Design/Builder within a period of twelve (12) months after the date of Substantial Completion, or within such longer period as may be provided by special warranties contained in the Contract Documents, the Design/Builder shall re-execute, correct, repair or replace all Work found to be defective or non-conforming to the Contract Documents (whether arising from a design or construction defect, error, omission or deficiency). If other portions of the Work adversely affected by or damaged by such defective Work, the Design/Builder shall also correct, repair or replace such affected or damaged Work, as well as any other property of the Owner or others damaged by such defective or non-conforming Work. To the extent that Savings were allocated in accordance with the provisions of Section 5.1 hereof, the costs of correcting any damaged or defective work shall be paid proportionately by the Owner and the Design/Builder from Savings; to the extent Savings are insufficient to pay such costs, the Design/Builder shall be solely responsible for such costs.
Appears in 10 contracts
Samples: Design/Build Agreement, Design/Build Agreement, Design/Build Agreement