Common use of CORRECTION OF WORK AFTER FINAL PAYMENT Clause in Contracts

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or any decision of the Engineer, (3) or payment, (4) or any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documents, and the Contractor shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor shall within the time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Work, or remove from the premises all Work condemned by the Engineer. The Contractor shall give prompt notice in writing to the Engineer, with copy to the Owner, upon completion of the supplying of any omitted Work or the correction of any Work condemned by the Engineer. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the condemned Work or supplying of omitted Work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty Work, or supply any omitted Work within the time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ notice in writing to the Contractor, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work executed under the Contract Documents or supplying of omitted Work, whether or not covered by warranty of a Subcontractor or materialmen, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations.

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or nor any decision of the Engineerarchitect, (3) or nor payment, (4) or nor any provision in the Contract contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documentscontract Work, and the Contractor he shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor shall within the space of time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Work, or remove from the premises all Work condemned by the Engineerarchitect. The Contractor shall give prompt notice in writing to the Engineerarchitect, with copy to the Owner, upon completion of the supplying of any omitted Work or the correction of any Work condemned by the Engineerarchitect. In the absence of said notice, it shall be and is presumed under this Contract contract that there has been no correction of the condemned Work or supplying of omitted Work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty Work, or supply any omitted Work within the space of time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ notice in writing to the Contractor, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work executed under the Contract Documents plans and specifications or supplying of omitted Work, Work whether or not covered by warranty of a Subcontractor subcontractor or materialmen, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations.. As additional security for the fulfillment of such obligation, but in no way limiting the same, the Contractor warrants and guarantees (1) that all Work executed under the plans and specifications shall be free from defects of materials or workmanship for a period of one year from the date

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or any decision of the Engineer, (3) or nor payment, (4) or nor any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documents, and the Contractor shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor shall within the time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Work, or remove from the premises all Work condemned by the Engineer. The Contractor shall give prompt notice in writing to the Engineer, with copy to the Owner, upon completion of the supplying of any omitted Work or the correction of any Work condemned by the Engineer. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the condemned Work or supplying of omitted Work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty Work, or supply any omitted Work within the time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ notice in writing to the Contractor, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work executed under the Contract Documents or supplying of omitted Work, whether or not covered by warranty of a Subcontractor or materialmen, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations.

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or nor any decision of the EngineerArchitect, (3) or nor payment, (4) or nor any provision in the Contract Agreement shall relieve the Contractor Construction Manager of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documentscontract work, and the Contractor he shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor Construction Manager shall within the space of time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Workwork, or remove from the premises all Defective Work condemned by the EngineerArchitect. The Contractor Construction Manager shall give prompt notice in writing to the EngineerArchitect, with copy to the Owner, upon completion of the supplying of any omitted Work work or the correction of any Work work condemned by the EngineerArchitect. In the absence of said notice, it shall be and is presumed under this Contract Agreement that there has been no correction of the condemned Work work or supplying of omitted Workwork. If the Contractor Construction Manager does not remove, make good the deficiency, correct, or remedy faulty Workwork, or supply any omitted Work work within the space of time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ ' notice in writing to the ContractorConstruction Manager, may remove the Workwork, correct the Workwork, remedy the Work work or supply omitted Work work at the expense of the ContractorConstruction Manager. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work work executed under the Contract Documents plans and specifications or supplying of omitted Work, work whether or not covered by warranty of a Subcontractor Trade Contractor or materialmenmaterial men, remains the primary, direct responsibility of the ContractorConstruction Manager. The foregoing obligation of the Contractor Construction Manager shall remain in effect until the same shall have been extinguished by operation of the statute of limitationsfor one year from Final Completion.

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or nor any decision of the Engineer, (3) or nor payment, (4) or nor any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documents, and the Contractor shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor shall within the time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Workwork, or remove from the premises all Work condemned by the Engineer. The Contractor shall give prompt notice in writing to the Engineer, with copy to the Owner, upon completion of the supplying of any omitted Work work or the correction of any Work work condemned by the Engineer. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the condemned Work work or supplying of omitted Workwork. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty Workwork, or supply any omitted Work work within the time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ notice in writing to the Contractor, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work executed under the Contract Documents or supplying of omitted Work, whether or not covered by warranty of a Subcontractor or materialmen, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations.

CORRECTION OF WORK AFTER FINAL PAYMENT. Neither (1) the final certificate, (2) or any decision of the Engineer, (3) or payment, (4) or any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of Work required by the Contract Documents, and the Contractor shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other Work resulting therefrom. The Owner shall give notice of observed defects or omissions with reasonable promptness. The Contractor shall within the time designated in orders of condemnation and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Work, or remove from the premises all Work condemned by the Engineer. The Contractor shall give prompt notice in writing to the Engineer, with copy to the Owner, upon completion of the supplying of any omitted Work or the correction of any Work condemned by the Engineer. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the condemned Work or supplying of omitted Work. If the Contractor does not remove, make good the deficiency, correct, or remedy faulty Work, or supply any omitted Work within the time designated in orders of condemnation without expense to the Owner, the Owner, after ten (10) days’ notice in writing to the Contractor, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the Contractor. In case of emergency involving health, safety of property, or safety of life the Owner may proceed at once. Correction of defective Work executed under the Contract Documents or supplying of omitted Work, whether or not covered by warranty of a Subcontractor or materialmen, remains the primary, direct responsibility of the Contractor. The foregoing obligation of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations. (a) The Contractor is jointly and severally liable with such Subcontractors, materialmen, or manufacturers; (b) The said Subcontractors, materialmen, or manufacturers are agents of the Contractor for purposes of performance under this Article, and the Contractor, as principal, ratifies the warranties or guaranties of his aforesaid agents by the filing of the aforesaid instruments with the Owner. The Contractor as principal is liable for the acts or omissions of his agents; (c) Service of notice on the Contractor that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of the instrument; provided, however, that the Owner shall have furnished the Contractor with a copy of notice served on the Subcontractor, materialmen, or manufacturer; and, (d) The Contractor will bind his Subcontractor, materialmen, and manufacturers to the terms of this Article. The calling for or the furnishing of written warranties shall in no way limit the contractual obligation of the Contractor as set forth hereinabove. The remedies stated in this Article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies.