CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 145 contracts
Samples: Contract for Services, Contract for Services, Contract for Services
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionthecondition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removalorremoval.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 42 contracts
Samples: Contract Amendment, Contract Amendment, Contract Amendment
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails Owner or failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Final Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby. If prior to the date of Final Completion, the Contractor, a Subcontractor or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing and other mechanical device, the Contractor shall cause such item to be restored to 'like new' condition at no expense to the Owner.
13.2.2 12.2.2 If, within one year after the Date date of Substantial Completion completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentsthereof, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless so. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the State has previously given period of time between Substantial completion and the Contractor a written acceptance actual performance of such conditionthe Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contractcontract. The State Owner shall give such notice promptly after discovery of the condition. Nothing in this paragraph shall be construed to limit or reduce the Contractor’s warranty obligations under Paragraph 3.5.
13.2.3 12.2.2.1 The obligations under Paragraph 12.2 shall cover any repairs and replacement to any part of the Work or other property caused by the defective Work.
12.2.2.2 Upon completion of any Work under or pursuant to this Paragraph 12.1, the one (1) year correcting period in connection with the Work requiring correction shall be renewed and recommence.
12.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 Paragraph 2.4. If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable time fixed by written notice from the Architect, the State Owner may remove it and may store the salvageable materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost costs of such removal and storage within ten (10) days thereafterafter written notice, the State Owner may upon ten (10) additional days' after written notice, the Owner may upon ten additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 12.2.5 The Contractor shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate Contractors caused by such the Contractor's correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 12.2.6 Nothing contained in this Paragraph 13.2 12.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
Appears in 16 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all Work work which the Architect State has found to be defective or which fails to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If. Upon a finding of defect or failure to conform, within one year after the Date of Substantial Completion State shall notify the Contractor, in writing, of the Work or designated portion thereof or within one year after acceptance by defect. The Contractor shall begin correcting the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so non- conforming Work within ten (10) days unless the State has previously given agrees to a Change Order which reflects the Contractor a written acceptance reduction in Contract Sum due to the value of such condition. This obligation shall survive termination diminishment of the Contractdefective or nonconforming work. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work Project which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1corrected, 13.2.1 and
13.2.4 unless removal is waived by the State. If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, work the State may correct it as detailed below: If the Contractor defaults or neglects to carry out the Project in accordance with Paragraph
13.2.5 the Contract Documents and fails within seven days after receipt of written notice from the State to commence and continue correction of such default or neglect with diligence and promptness, the State may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation including, but not limited to additional services and expenses made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover the amounts paid by the State to make good such deficiencies, then the Contractor shall pay the difference. If the Contractor does not proceed with the correction of such defective or non- conforming Work work within a reasonable time fixed by written notice from the ArchitectState, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including but not limited to compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 . The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 . Nothing contained in this Paragraph 13.2 paragraph shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Project, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Project.
Appears in 5 contracts
Samples: Small Scale Construction Services Agreement, Standard Contract, Standard Contract
CORRECTION OF WORK. 13.2.1 15.2.1 The Contractor Construction Manager shall be responsible for correcting promptly remove from the premises all Work which materials and correct all work rejected by the Architect has found to be Architect/Engineer as defective or which fails as failing to conform to the Contract Documents Documents, whether observed be- fore before or after Substantial Completion completion of the Work and whether or not fabricated, installed or completed. The Contractor Construction Manager shall bear all costs of correcting such rejected Workwork, including compensation for the Architect/Engineer's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after 15.2.2 If the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found Construction Manager fails to be defective or not in accordance with the Contract Documents, the Contractor shall remove rejected materials and/or correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming work, the Principal Representative may remove the same and/or correct it. In such case, an appropriate Amendment or Change Order shall be issued deducting from the payments then or thereafter due to Construction Manager, all costs of removing such materials and which have not been corrected under Subparagraphs 4.5.1correcting such deficiencies, 13.2.1 and
13.2.4 including compensation for the Architect/Engineer's additional services made necessary by such default, neglect or failure. If the Contractor fails payments then or thereafter due the Construction Manager are not sufficient to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2cover such amount, the State may correct it in accordance with ParagraphConstruction Manager shall pay the difference to the Principal Representative.
13.2.5 15.2.3 If the Contractor Construction Manager does not proceed with the correction of such defective or non- non-conforming Work work within a reasonable time fixed by written notice from the Architect/Engineer issued through the Principal Representative, the State Principal Representative may remove it and may store the materials or equipment at the expense of the ContractorConstruction Manager. If the Contractor Construction Manager does not pay the cost of such removal and storage within ten (10) days thereafter, the State may Principal Representative may, upon ten (10) additional days written notice notice, sell such Work work at auction or at private sale sale, and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the ContractorConstruction Manager, including compensation for the Architect/Engineer's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor Construction Manager should have borne, the difference shall be charged to the Contractor Construction Manager and an appropriate Amendment or Change Order shall be issued. If the payments then or thereafter due the Contractor Construction Manager are not sufficient to cover such amount, the Contractor Construction Manager shall pay the difference to the StatePrincipal Representative.
13.2.6 15.2.4 The Contractor shall bear the cost of costs for correcting rejected work and for making good all any other work of the State Principal Representative or separate contractors destroyed or damaged by such correction or removalremoval shall be allocated in accordance with paragraph 3.4.5.
13.2.7 15.2.5 Should any defective work or material be discovered during the progress of construction, or should reasonable doubt arise as to whether certain material or work is in accordance with the Contract Documents, the value of such defective or questioned material or work shall not be included in any Project Application for Payment, or if previously included, shall be deducted by the Architect/Engineer from the next application submitted by the Construction Manager.
15.2.6 Nothing contained in this Paragraph 13.2 paragraph 15.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor Construction Manager might have under thethe Contract Documents, including Article 18 hereof.
Appears in 4 contracts
Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting promptly correct all Work which work rejected by the District Representative, Project Inspector or the Architect has found to be as defective or which fails as failing to conform to the Contract Documents Documents, whether observed be- fore before or after Substantial Completion final completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, work including compensation for the Architect's, Project Inspector's and the State’s District Representative's additional services made necessary thereby.
13.2.2 Ifservices. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within one year ten (10) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it any or all such work, together with any other work which may be displaced in so doing, without expense to District, promptly after receipt of a written notice from the State to do so District unless the State District has previously given the Contractor a written acceptance of such condition. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of the Contractthis Facilities Lease with respect to work in place prior to termination. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 . Nothing contained in this Paragraph 13.2 Section 17.02 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the work.
Appears in 4 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
CORRECTION OF WORK. 13.2.1 17.2.1 Contractor warrants to MSG that:
17.2.1.1 any and all materials, equipment and furnishings incorporated into the Work shall be of good quality and new unless otherwise required or permitted by the Contract Documents;
17.2.1.2 that the Work shall be free from defects not inherent in the quality required or permitted;
17.2.1.3 and that the Work shall conform with the requirements of Applicable Laws and the Contract Documents;
17.2.1.4 it will not, and will not allow any Subcontractor to, install any product or perform any procedure which voids any warranty. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered Defective Work, the cost of rectification of which may be recoverable from the Allocation in accordance with Section 4.10 but otherwise not recoverable as a Cost of the Work. The above warranty excludes: (a) damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, or improper operation; and (b) normal wear and tear under normal usage.
17.2.2 Prior to the Substantial Completion Date, Contractor shall be responsible for correcting all correct Work, or cause its Subcontractors to correct Work, that: (a) MSG, in a written notice delivered to Contractor, reasonably rejects as being Defective Work; or (b) Contractor recognizes is Defective Work. If other portions of the Work which the Architect has found to be defective are adversely affected or which fails to conform damaged by such Defective Work, Contractor shall, without adjustment to the Contract Documents whether observed be- fore or after Substantial Completion and whether Date, also correct, repair or not fabricatedreplace or cause the correction, installed repair or completed. The replacement, of such affected or damaged Work, as appropriate, as well as any other property of MSG or others damaged by such Defective Work.
17.2.3 If MSG notifies Contractor of Defective Work before the end of the Warranty Period, then Contractor shall bear re-execute, correct, repair or replace, as appropriate, or cause such re-execution, correction, repair or replacement by its Subcontractors, all such Defective Work. If other portions of the Work are adversely affected or damaged by such Defective Work, Contractor shall, without adjustment to the Substantial Completion Date, also correct, repair or replace or cause such correction, repair or replacement, such affected or damaged Work, as appropriate, as well as any other property of MSG or others damaged by such Defective Work.
17.2.4 Contractor may seek to use the Allocation pursuant to Section 4.10 to cover the costs of correcting such rejected rectification of Defective Work, including compensation for in accordance with the Architect's terms of Section 4.10 and the State’s additional services made necessary thereby.
13.2.2 IfSchedule F; provided, within one year after the Date of Substantial Completion however, that Contractor shall not be entitled to recover either as a Cost of the Work or designated portion thereof otherwise for Defective Work, including under Sections 17.2.2 and 17.2.3, to the extent the Allocation is not permitted to be used or within one year after acceptance has been exhausted.
17.2.5 If, prior to Substantial Completion, MSG does not require Defective Work to be removed or corrected by Contractor, then MSG may withhold such sums as are just and reasonable from amounts, if any, due Contractor hereunder, unless and until the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms amount of any applicable special warranty required such deduction is agreed upon by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionMSG and Contractor.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 17.2.6 If the Contractor fails to correct defective or nonconforming Defective Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If Sections 17.2.2 or 17.2.3, as applicable, within a reasonable time after written notice from MSG, then MSG may correct such Defective Work. Contractor shall promptly reimburse MSG for the Contractor does not proceed with out-of-pocket costs incurred by MSG as a direct result of the correction of such defective or non- conforming Defective Work, plus ten percent (10%) of such costs for MSG’s overhead. In such case, MSG may also remove such Defective Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the salvageable materials or equipment at the expense of the Contractor’s expense. If the Contractor does not pay the cost costs of such removal and storage within ten days thereafter(10) Business Days after receipt of written notice, the State may then MSG may, upon ten (10) additional days Business Days’ written notice notice, sell such Work materials and equipment at auction or at private sale sale, and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the that Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay such excess to MSG or MSG shall the difference right to set such amount off against any payments due from MSG to Contractor. If, however, such proceeds are in excess of the Statecosts that Contractor should have borne, then MSG shall pay such excess to Contractor.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 17.2.7 Nothing contained in this Paragraph 13.2 Article 17 shall be construed to establish a period of limitation with respect to any other warranty obligation under the Contract Documents. The Warranty Period relates only to the specific obligation of Contractor to correct Defective Work after Substantial Completion, and has no relationship to the time within which obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct Defective Work. The expiration of any guarantee or any obligation of Contractor might have under theto correct Work shall not relieve Contractor of the obligation to correct any latent defect in the Work or deficiencies that are not readily ascertained, including defective Materials and workmanship, defects attributable to Substitutions for specified Materials, and substandard performance of any of the Work otherwise not in compliance with the Contract Documents.
Appears in 3 contracts
Samples: Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (Madison Square Garden Co)
CORRECTION OF WORK. 13.2.1 11.1.1 The Contractor shall be responsible for correcting promptly reconstruct, replace or correct all Work which rejected by the Architect has found to be Design Consultant as defective or which fails as failing to conform to the Contract Documents or as not in accordance with the guarantees and warranties specified in the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the ArchitectDesign Consultant's and the State’s Owner's additional construction management services made necessary thereby.
13.2.2 If11.1.2 The Contractor, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance unless removal is waived by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract DocumentsOwner, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming conforming, or if permitted or required, he shall correct such work in place at his own expense promptly after receipt of notice, and which have such rejected Work shall not been corrected under Subparagraphs 4.5.1, 13.2.1 andthereafter be tendered for acceptance unless the former rejection or requirement for correction is disclosed.
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 11.1.3 If the Contractor does not proceed with the correction of such defective or non- non-conforming Work within a reasonable time fixed by written notice from the ArchitectOwner, the State Owner may either (1) by separate contract or otherwise replace or correct such Work and charge the Contractor the cost occasioned the Owner thereby and remove it and may store the materials or equipment at the expense of the Contractor, or (2) terminate this Contract for default as provided in Paragraph 12.3. If the Contractor does not pay the cost of such replacement or correction and the removal and storage within ten (10) days thereafter, the State Owner may upon ten (10) additional days days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for additional services of the Architect's Design Consultant and the State’s additional services and expenses Owner made necessary thereby. If such proceeds of sale do not cover all costs costs, which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 11.1.4 The Contractor shall bear the cost of making good all work of the State Owner or separate contractors destroyed or damaged by such correction or removal.
13.2.7 11.1.5 Nothing contained in this Paragraph 13.2 11.1 shall be construed to establish a period of limitation with respect to any other obligation obligation, which the Contractor might have under thethe Contract Documents, including Paragraph 3.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work.
Appears in 2 contracts
Samples: Owner Contractor Agreement, Owner Contractor Agreement
CORRECTION OF WORK. 13.2.1 14.2.1 The Contractor Owner shall be responsible for correcting all have the authority to reject any portion of the Work which the Architect has found to be is defective or which fails to does not conform to the Contract Documents Documents, and the Contractor shall promptly correct all Work so rejected by the Owner, whether observed be- fore before or after the Date of Substantial Completion and whether or not fabricated, installed or completed. In order that such corrective work shall not interrupt or delay the Owner's schedule for completion of the Project or, if applicable, disturb the occupants of the completed Project, the Contractor shall perform such work according to a schedule therefor established by the Owner (which may provide that the same be performed on overtime, shift work, Saturdays, Sundays and/or holiday), utilizing in the performance thereof such manpower as is necessary to complete the corrective Work in accordance with said schedule. The Contractor shall bear all costs of correcting such rejected Work, including including, without limitation, compensation for the Architect's any additional architectural and the State’s additional engineering services made necessary thereby.
13.2.2 14.2.2 If, within one (1) year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty or guarantee required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice instructions to that effect from the State to do so Owner unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 14.2.3 The Contractor shall remove from the site Job Site all portions of the Work which are is defective or non-conforming and which have not been corrected under Paragraph 5.3 or Subparagraphs 4.5.1, 13.2.1 and14.2.1 or 14.2.2 unless removal is waived by the Owner.
13.2.4 If 14.2.4 The Contractor shall bear the Contractor fails to correct defective cost of making good all work of Separate Contractors (and any of the Owner's other structures or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraphfacilities) destroyed or damaged by such removal or correction.
13.2.5 14.2.5 If the Contractor does not proceed with the correction of remove such uncorrected defective or non- non-conforming Work within a reasonable time fixed by written notice instructions to that effect from the ArchitectOwner, the State Owner may remove it and may store the materials or and equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten (10) days thereafter, the State may Owner may, upon ten (10) additional days written notice notification to the Contractor, sell such Work materials and equipment at auction public or at private sale and shall account to the Contractor for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's any additional architectural and the State’s additional engineering services and expenses attorneys' fees made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments deducted or offset against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such amountdifference, the Contractor shall shall, upon demand, pay the difference same to the StateOwner. The obligations of the Contractor under this Subparagraph 14.2.5 shall be in addition to, and not in limitation of, any obligations imposed on it by law, by any other provision of this Contract or by any warranty or guarantee under this Contract.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which 14.2.6 If the Contractor might have under thefails to correct any defective or non-conforming Work, the Owner may correct it in accordance with Paragraph 14.
Appears in 2 contracts
Samples: Office Lease (Xoom Inc), Office Lease (NBC Internet Inc)
CORRECTION OF WORK. 13.2.1 The If the Tenant discovers that any part of the Landlord Improvements do not comply with the requirements of this Lease and provided Tenant provides Landlord with notice thereof within time for Landlord to properly and timely notice the General Contractor shall be responsible for correcting within the one year warranty period, (including all Work which items on the Architect has found punch list), the Landlord shall, at its sole cost and expense, take all steps necessary to be defective or which fails to conform promptly and completely correct the Landlord Improvements to the Contract Documents whether observed be- fore or after Substantial Completion Tenant’s satisfaction and whether or not fabricated, installed or completedin conformance with the requirements of this Lease. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 IfProvided notice is timely given by Xxxxxx, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly ten (10) days after receipt of a written notice from the State Tenant specifying the nature of the defect, the Landlord shall take all steps necessary to do so unless correct the State has previously given defect, including, but not limited to, contacting the Contractor a written acceptance appropriate subcontractor or other entity responsible for such work. Notwithstanding the Foregoing, if the nature of the defective condition is such that more than ten (10) days is reasonably required to correct such condition, then the Landlord shall be entitled to such longer period to correct such condition as may be reasonably necessary, so long as the Landlord commences to correct such condition within such ten (10) day period and diligently and thereafter continuously prosecutes such correction to completion. This obligation If corrective actions are not commenced and completed within such time, the Tenant may take all actions necessary to correct the defective Landlord Improvements, and the Landlord shall survive termination of promptly pay the ContractTenant upon demand, all amounts expended by the Tenant for such corrective action. The State shall give such notice promptly after discovery of Landlord further agrees to repair at its sole cost any other improvements on the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs Landlord Improvements which the Contractor should have borne, Landlord may affect or disturb in making the difference shall be charged to the Contractor and an appropriate Change Order shall be issuedrepair required hereby. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 Subsection (F) shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might Landlord may have under thethis Lease. Tenant understands that Landlord will look to the Landlord General Contractor to correct defects or noncompliance with Xxxxxxxx’s Improvements and dispute resolution set forth in Landlord’s General Contract shall govern disputes between the parties regarding defects, with the Landlord General Contractor joined as an indispensable party.
Appears in 2 contracts
Samples: Triple Net Lease (MINDBODY, Inc.), Triple Net Lease (MINDBODY, Inc.)
CORRECTION OF WORK. 13.2.1 10.1 The Contractor Design/Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design/Builder to be defective or which fails failing to conform to the Contract Documents requirements of the contract Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design/Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 10.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design/Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design/Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design/Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 10.3 Nothing contained in this Paragraph 13.2 Article 10 shall be construed to establish a period of limitation with respect to any other obligation obligations, which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Part 1 requirements may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work.
10.4 If the Design/Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Part 1 requirements, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.
10.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Part 1 requirements and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 2 contracts
Samples: Design/Build Agreement, Design/Build Agreement
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder’s liability with respect to the Design Builder’s obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner’s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 2 contracts
Samples: Design Build Agreement (Great Plains Ethanol LLC), Design Build Agreement (Great Plains Ethanol LLC)
CORRECTION OF WORK. 13.2.1 A. The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Engineer as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s any additional inspection or testing services made necessary thereby.
13.2.2 B. If, within one (1) year after the Date of Substantial Completion Final Acceptance of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentslaw, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so so, unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the this Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 C. Nothing contained in this Subparagraph (2) of Paragraph 13.2 15.02 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Paragraph 8.04 hereof. The establishment of the time period of one (1) year after the Date of Final Acceptance or such longer period of time as may be prescribed by law relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his obligations other than his obligation specifically to correct the Work himself. Contractor’s liability to pay for the cost to remedy Work not done in accordance with the Contract Documents is not limited by the Subparagraph (2) of Paragraph 15.02.
3. All materials not conforming to the requirements of the Specifications shall be considered as defective, and all such materials whether in place or not, shall be rejected and condemned and shall be immediately removed from the Work, unless otherwise permitted. No material which has been rejected, and the defects of which have been corrected or removed, shall be used until approval has been given by the Engineer. The Contractor shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected under Paragraph 8.04 and Subparagraphs (1) & (2)(A) of Paragraph 15.02, unless removal is waived by the Owner.
Appears in 2 contracts
Samples: Bid Specifications and Standard Agreement for Construction Services, Bid Specifications and Standard Agreement for Traffic Signal Construction
CORRECTION OF WORK. 13.2.1 19.1 The Contractor shall be responsible for correcting promptly remove from the Project Site all materials or Work which rejected by the Architect has found to be defective or which fails the Owner as failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore incorporated into the Work or after Substantial Completion and whether or not fabricated, installed or completednot. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's promptly replace and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of re-execute the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination requirements of the Contract. The State Contract Documents without expense to the Owner and shall give bear the expense of correcting all work of other separate contractors destroyed or damaged by such notice promptly after discovery of the conditionremoval or replacement.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 19.2 If the Contractor fails to correct defective Work which has been rejected or nonconforming which otherwise does not conform to the requirements of the Contract Documents or fails to remove such Work as provided in Subparagraphs 4.5.1, 13.2.1 from the Project Site and 13.2.2fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the State Owner, without having to first notify Contractor’s surety and without prejudice to other remedies the Owner may have, may correct it and/or carry out the Work. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
19.3 If the Owner accepts any portion of the Work that is not in accordance with Paragraphthe requirements of the Contract Documents instead of requiring its removal and correction, the Owner may do so without having to first notify Contractor’s surety, in which case the Contract Sum will be reduced as appropriate and equitable. Any adjustment required hereunder shall be effected whether or not Final Payment has been made.
13.2.5 19.4 If the Contractor does not proceed with the correction of such defective or non- conforming Work remove any rejected Work, materials and/or equipment within a reasonable time time, fixed by written notice from the Architectnotice, the State Owner may without having to first notify Contractor’s surety, remove it and may store or dispose of the materials or and equipment at the expense of the Contractor. If the Contractor does not pay the cost expense of such removal and storage within ten (10) business days thereafter, the State may Owner may, without having to first notify Contractor’s surety, upon ten additional (10) business days written notice to Contractor, sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor, including compensation for the Architect(without limitation) all costs associated with sale, attorney's fees, and the State’s additional services all costs associated with removing and expenses made necessary therebyreplacing such Work. If such proceeds of sale the proceeds, after deductions, do not cover all the costs which are the Contractor should have borneresponsibility of the Contractor, the difference shall be charged to the Contractor and an appropriate a deductive Change Order shall will be issued. If executed; if the payments then or thereafter due remaining balance of the Contractor are Contract Sum is not sufficient to cover such amountthe remaining costs, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost Owner within ten (10) business days of making good all work receipt of the State or separate contractors destroyed or damaged by Owner's invoice. The Owner's right to store and sell such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 materials and equipment shall not give rise to a duty to do so. The Owner may, without having to first notify Contractor’s surety, simply dispose of such materials and equipment, as Owner sees fit; the costs of disposal shall be construed to establish a period of limitation with respect to any other obligation which borne by the Contractor might have under theContractor.
Appears in 2 contracts
Samples: General Construction Services Agreement, General Construction Services Agreement
CORRECTION OF WORK. 13.2.1 Section 4.15.1 The Contractor Department shall be responsible for correcting all at liberty to object and to require the Design- Builder to remove forthwith from the Project site and the Work which and to promptly replace the Architect has found Superintendent, any xxxxxxx, technical assistant, laborer, agent, representative, or other person used by the Design-Builder in or about the execution or maintenance of the Work, who in the sole opinion of the Department is misconducting himself or herself, or is incompetent or negligent in the proper performance of his or her duties, or whose performance in the Work is otherwise considered by the Department to be defective undesirable or which fails unsatisfactory, and such person shall not be again employed upon the Project without the written permission of the Department.
Section 4.15.2 The Design-Builder shall promptly correct Work rejected by Department for failing to conform to the Contract requirements of the Construction Documents or any approved design document or applicable law or regulations whether observed be- fore before or after Substantial Completion the Project’s completion and whether or not fabricated, installed or completed. The Contractor , and shall bear all costs of correcting such rejected Work, including compensation for correct any Work found to be not in accordance with the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, requirements within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer a period of time as may be prescribed by law one (1) year from the date of completion or by the terms of any an applicable special warranty required by this Agreement.
Section 4.15.3 If during the guarantee or warranty period, any material, equipment or system requires corrective Work because of defects in materials or workmanship, the Design- Builder shall commence corrective Work within forty-eight (48) hours after receiving the notice and work diligently until corrective Work is completed; provided, however, if such notice is received on the day before a weekend or a holiday, the Design-Builder will commence corrective Work on the next business day. If the Design-Builder does not, in accordance with the terms and provisions of the Contract Documents, any of commence all corrective Work within forty-eight (48) hours or if the Design-Builder commences such Work is found to be defective or but does not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct pursue it in accordance with Paragraph
13.2.5 If an expeditious manner, Department may either notify the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell bonding company (if any) to have such Work and/or obligations performed at auction no additional cost to Department or at private sale may perform such Work and/or obligations and shall account for the net proceeds thereof, after deducting all charge the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged thereof to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateDesign-Builder.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Design Build Agreement
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder's liability with respect to the Design Builder's obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
Samples: Agreement Between Owner and Design Builder (Whetstone Ethanol LLC)
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby.
13.2.2 12.2.2 If, within one year after the Date date of Substantial Completion of the Work or designated portion thereof thereof, or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 9.9.1, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 12.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 Paragraph 2.4. If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable time fixed by written notice from the Architect, the State Owner may remove it and may store the salvable materials or equipment at the expense of the Contractor's expense. If if the Contractor does not pay the cost costs of such removal and storage within ten days thereafterafter written notice, the State Owner may upon ten additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne home by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 12.2.5 The Contractor shall bear the cost of making good all work correcting destroyed or damaged construction, whether completed or partially completed, of the State Owner or separate contractors destroyed or damaged caused by such the Contractor's correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 12.2.6 Nothing contained in this Paragraph 13.2 12.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.
Appears in 1 contract
Samples: Construction Contract (Digex Inc/De)
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails falling to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder’s liability with respect to the Design Builder’s obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner’s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies, if the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design/Builder shall be responsible for correcting all promptly correct at Contractor=s own expense, Work which rejected by the Architect has found Owner or known by the Design/Builder to be defective or which fails failing to conform to the Contract Documents Construction Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor , and shall bear all costs correct Work under this Agreement found to be defective or nonconforming within a period of correcting such rejected Work, including compensation for one (1) year from the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment thereof, or within such longer period of time as may be prescribed provided by law or by the terms of any an applicable special warranty required by in the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.2 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligations of the Design/Builder under this Agreement. Paragraph 9.1 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the Contractor might have under theobligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder=s liability with respect to the Design/Builder=s obligations other than correction of the Work.
9.3 If the Design/Builder fails to correct defective Work as required or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner=s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design/Builder or other persons or entities.
9.4 If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design/Builder and, seven days following receipt by the Design/Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design/Builder costs of correcting such deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to arbitration, in accordance with Article 10.
Appears in 1 contract
Samples: Design and Construction Agreement (Covol Technologies Inc)
CORRECTION OF WORK. 13.2.1 A. The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Engineer as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s any additional inspection or testing services made necessary thereby.
13.2.2 B. If, within one (1) year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentslaw, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so so, unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contractthis Agreement. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 C. Nothing contained in this Subparagraph (2) of Paragraph 13.2 15.02 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Paragraph 8.04 hereof. The establishment of the time period of one (1) year after the Date of Substantial Completion or such longer period of time as may be prescribed by law relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor‟s liability with respect to his obligations other than his obligation specifically to correct the Work himself. Contractor‟s liability to pay for the cost to remedy Work not done in accordance with the Contract Documents is not limited by the Subparagraph (2) of Paragraph 15.02.
3. All materials not conforming to the requirements of the Specifications shall be considered as defective, and all such materials whether in place or not, shall be rejected and condemned and shall be immediately removed from the Work, unless otherwise permitted. No material which has been rejected, and the defects of which have been corrected or removed, shall be used until approval has been given by the Engineer. The Contractor shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected under Paragraph 8.04 and Subparagraphs (1) & (2) (A) of Paragraph 15.02, unless removal is waived by the Owner.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 15.2.1 The Contractor Construction Manager shall be responsible for correcting promptly remove from the premises all Work which materials and correct all work rejected by the Architect has found to be Architect/Engineer as defective or which fails as failing to conform to the Contract Documents Documents, whether observed be- fore before or after Substantial Completion completion of the Work and whether or not fabricated, installed or completed. The Contractor Construction Manager shall bear all costs of correcting such rejected Workwork, including compensation for the Architect/Engineer's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after 15.2.2 If the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found Construction Manager fails to be defective or not in accordance with the Contract Documents, the Contractor shall remove rejected materials and/or correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming work, the Principal Representative may remove the same and/or correct it. In such case, an appropriate Amendment or Change Order shall be issued deducting from the payments then or thereafter due to Construction Manager, all costs of removing such materials and which have not been corrected under Subparagraphs 4.5.1correcting such deficiencies, 13.2.1 and
13.2.4 including compensation for the Architect/Engineer's additional services made necessary by such default, neglect or failure. If the Contractor fails payments then or thereafter due the Construction Manager are not sufficient to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2cover such amount, the State may correct it in accordance with ParagraphConstruction Manager shall pay the difference to the Principal Representative.
13.2.5 15.2.3 If the Contractor Construction Manager does not proceed with the correction of such defective or non- non-conforming Work work within a reasonable time fixed by written notice from the Architect/Engineer issued through the Principal Representative, the State Principal Representative may remove it and may store the materials or equipment at the expense of the ContractorConstruction Manager. If the Contractor Construction Manager does not pay the cost of such removal and storage within ten (10) days thereafter, the State may Principal Representative may, upon ten (10) additional days written notice notice, sell such Work work at auction or at private sale sale, and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the ContractorConstruction Manager, including compensation for the Architect/Engineer's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor Construction Manager should have borne, the difference shall be charged to the Contractor Construction Manager and an appropriate Amendment or Change Order shall be issued. If the payments then or thereafter due the Contractor Construction Manager are not sufficient to cover such amount, the Contractor Construction Manager shall pay the difference to the StatePrincipal Representative.
13.2.6 15.2.4 The Contractor shall bear the cost of costs for correcting rejected work and for making good all any other work of the State Principal Representative or separate contractors destroyed or damaged by such correction or removalremoval shall be allocated in accordance with paragraph 3.4.5.
13.2.7 Nothing contained 15.2.5 Should any defective work or material be discovered during the progress of construction, or should reasonable doubt arise as to whether certain material or work is in this Paragraph 13.2 accordance with the Contract Documents, the value of such defective or questioned material or work shall not be included in any Project Application for Payment, or if previously included, shall be construed to establish a period of limitation with respect to any other obligation which deducted by the Contractor might have under theArchitect/Engineer from the next application submitted by the Construction Manager.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 14.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If14.2 In addition to the Contractor’s obligations under Paragraph 8.4, if, within one year two years after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 14.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphParagraph 7.3.
13.2.5 If the Contractor does not proceed with the 14.4 The two year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
14.5 The two year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
Samples: Cost Plus Contract
CORRECTION OF WORK. 13.2.1 11.6.1 The Contractor DBE shall be responsible for correcting all Work which promptly correct work rejected by the Architect has found to be defective District or which fails failing to conform to the requirements of the Contract Documents whether observed be- fore or after Substantial Completion and Documents, whether or not fabricated, installed installed, or completed. The Contractor DBE shall bear all the costs of correcting such rejected Workwork, including additional testing and inspections required and compensation for the ArchitectDistrict's services and the State’s additional services expenses made necessary thereby.
13.2.2 If11.6.2 Notwithstanding DBE’s Guarantee, within one year after in the Date event of Substantial Completion an emergency constituting an immediate hazard to the health or safety of District employees, property, or licensees, the District may undertake, at the DBE’s expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the DBE not being in accordance with requirements of the Contract Documents.
11.6.3 The DBE shall remove from the Project site portions of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or that are not in accordance with the requirements of the Contract Documents, and are neither corrected by the Contractor shall correct it promptly after receipt of a written notice from DBE nor accepted by the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionDistrict.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 11.6.4 If the Contractor DBE fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2work, the State District may correct it the nonconforming work in accordance with Paragraph
13.2.5 District Remedies. If the Contractor DBE does not proceed with the correction of such defective or non- conforming Work nonconforming work, within a reasonable such time fixed by written notice from the ArchitectDistrict, the State District may remove it and may store the all salvageable materials or articles and/or equipment at the expense of the Contractor. DBE’s expense.
11.6.5 If the Contractor DBE does not pay the cost all costs of such removal and storage within ten fourteen (14) days thereafterafter written notice, the State may District may, upon ten fourteen (14) additional days written notice notice, sell such Work materials articles and/or equipment at an auction or at private sale sale, and shall account for the net proceeds thereofproceeds, after deducting all the costs and damages that should would have been borne by the ContractorDBE, including compensation for the ArchitectDistrict's and the State’s additional services and expenses made necessary therebyby it. If such the proceeds of a sale do not cover all costs which that the Contractor should DBE would have borne, the difference GMP shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor DBE are not sufficient to cover such amount, the Contractor DBE shall pay the difference to the StateDistrict.
13.2.6 11.6.6 The Contractor DBE shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged work executed by such the District or separate contractors, whether fully completed or partially completed, which is caused by the DBE’s correction or removalremoval of Work that is not in accordance with requirements of the Contract Documents.
13.2.7 11.6.7 Nothing contained in this Paragraph 13.2 paragraph, shall be construed to establish a period of limitation with respect to any other obligations that the DBE might have in the Contract Documents. Establishment of the time period of two (2) year, Guarantee, relates only to the specific obligation of the DBE to correct the Work, and has no relationship to the time within which the Contractor might have under theobligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the DBE’s liability with respect to the DBE’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Build Agreement
CORRECTION OF WORK. 13.2.1 The Contractor Design/Builder shall be responsible for correcting promptly correct all Work which the Architect has found to be rejected by or on behalf of Owner as defective or which fails as falling to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design/Builder shall bear all costs cost of correcting such rejected Work, including compensation for the Architectcost of any architect's and the State’s additional services thereby made necessary therebynecessary.
13.2.2 If, within one year two (2) years after the Date of Substantial Completion initial occupancy of the Work or designated portion thereof or within one year Project after acceptance by final completion of the State of designated equipment Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor Design/Builder shall correct it promptly after receipt of a written notice from the State Developer to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contractso. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are All such defective or non-conforming and which have not been corrected Work under Subparagraphs 4.5.113.2.1 and 13.2.2 shall be removed from the Site if necessary, 13.2.1 andand the Work shall be corrected to comply with the Contract Documents at Design/Builder's sole cost and expense and without cost to the Owner or the Developer.
13.2.4 If The Design/Builder shall bear the Contractor fails to correct defective cost of making good all work of separate contractors and property of Developer, Owner or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraphany lessee or purchaser destroyed or damaged by such removal or correction.
13.2.5 If the Contractor Design/Builder does not proceed with the correction of remove such defective or non- non-conforming Work within a reasonable time fixed by written notice from the Architecttwenty (20) days after notification of same, the State Owner may remove it and may store the materials or equipment at the expense of the ContractorDesign/Builder. If the Contractor Design/Builder does not pay the cost of such removal and storage within ten (10) days thereafter, the State Owner may upon ten additional days written the expiration of such period and without further notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, thereof after deducting all the costs that should have been borne by the Contractor, Design/Builder including compensation for the Architect's and the State’s additional services and expenses made necessary therebyarchitectural services. If such proceeds of sale do not cover all costs which the Contractor Design/Builder should have borne, the difference shall be charged to the Contractor Design/Builder and an appropriate Change Order shall may be issued. If the payments then or thereafter due the Contractor Design/Builder are not sufficient to cover such amount, the Contractor Design/Builder shall pay the difference to the StateOwner.
13.2.6 The Contractor shall bear If the cost of making good all work of Design/Builder fails to correct such defective or nonconforming Work, the State or separate contractors destroyed or damaged by such correction or removalDeveloper may also correct it in accordance with Paragraph 3.4.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor Design/Builder might have under thethe Contract Documents, including Paragraph 4.5 hereof. Establishment of the time period of one (1) year as described in Subparagraph 13.2.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Architect Agreement (Wells Real Estate Investment Trust Inc)
CORRECTION OF WORK. 13.2.1 The Contractor 14.1 Prior to Final Payment hereunder, Workstage shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner in accordance with the terms of this Agreement or known by Workstage to be defective or which fails failing to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricatedrequirements of the Construction Documents. Subject to the terms of this Agreement, installed or completed. The Contractor Workstage shall bear all costs of correcting such rejected Work, including compensation for additional testing and inspections.
14.1.1 If Workstage fails to correct nonconforming Work as required, fails to perform the Architect's Work in accordance with the Construction Documents and the State’s additional services made necessary therebyProject is not yet complete, the Owner may, by written order, direct Workstage to stop the Work, or any portion thereof, until the cause for such order has been eliminated.
13.2.2 14.1.2 If Workstage defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within five (5) business days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner must give a second written notice to Workstage and, seven (7) days following receipt by Workstage of that second written notice and without prejudice to other remedies, the Owner may correct such deficiencies as set forth in Section 10.5. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due to Workstage, the Owner's actual costs of correcting such deficiencies. Such action by the Owner shall be subject to dispute resolution procedures as provided in Section 15.
14.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract DocumentsWork, any of the Work is found to be defective or not in accordance with the Contract requirements of the Construction Documents, the Contractor shall Workstage shall, at Workstage's expense, correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of accepted such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Design Build Agreement (Paypal Inc)
CORRECTION OF WORK. 13.2.1 1. The Contractor CONTRACTOR shall be responsible for correcting promptly correct all Work which work rejected by the Architect has found to be OWNER as defective or which fails as failing to conform to the Project Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor CONTRACTOR shall bear all costs cost of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary therebywork.
13.2.2 If, 2. If within one (1) year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty guarantee required by the Project Contract Documents, any of the Work work is found to be defective or not in accordance with the Project Contract Documents, the Contractor CONTRACTOR shall correct it promptly after receipt of a written notice from the State OWNER to do so unless the State OWNER has previously given the Contractor CONTRACTOR a written acceptance of such condition. This obligation shall survive termination of the Contract. The State OWNER shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall 3. If the CONTRACTOR does not remove from the site all portions of the Work which are such defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work work within a reasonable time fixed by written notice from the ArchitectOWNER, the State OWNER may remove it and may store the materials or equipment at the expense of the ContractorCONTRACTOR. If the Contractor CONTRACTOR does not pay the cost of such removal and storage within ten days thereafter, the State OWNER may upon ten additional days written notice sell such Work work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary therebyCONTRACTOR. If such proceeds of sale do not cover all costs costs, which the Contractor CONTRACTOR should have borne, the difference shall be charged to the Contractor CONTRACTOR and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Energy Performance Contract
CORRECTION OF WORK. 13.2.1 17.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If17.2 In addition to the Contractor’s obligations under Paragraph 8.4, if, within one year after the Date date of Substantial Completion of the ‘Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 17.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphParagraph 7.3.
13.2.5 If the Contractor does not proceed with the 17.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
Samples: Construction Contract (Omtool LTD)
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 12.2.1 The Contractor shall remove from the site all portions of the Work which that are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.2 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 Section 2.4. If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable time fixed by written notice from the Architect, the State Owner may remove it and may store the salvageable materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost costs of such removal and storage within ten (10) days thereafterafter written notice, the State Owner may upon ten (10) additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amountamounts, the Contractor shall pay the difference to the StateOwner.
13.2.6 12.2.3 The Contractor shall bear the cost of making good all work correcting destroyed or damaged construction, whether completed or partially completed, of the State Owner or separate contractors destroyed or damaged caused by such the Contractor's correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 12.2.4 Nothing contained in this Paragraph 13.2 Section 12.2 shall be construed to establish a period of limitation with respect to any other obligation which obligations that the Contractor might have under thethe Contract Documents.
12.2.5 The corrective remedies set forth in this Section 12.2 are not exclusive and shall not deprive the Owner of any action, right or remedy otherwise available to it for breach of any of the provisions of the Contract Documents.
Appears in 1 contract
Samples: Lease (NightHawk Biosciences, Inc.)
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Engineer as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed installed, or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the StateEngineer’s additional services made necessary thereby.
13.2.2 If, within one year three years after the Date of Substantial Completion of the Work or designated portion thereof or within one year three years after acceptance by the State City of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State City to do so unless the State City has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State City shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 andand 13.2.2, unless removal is waived by the City.
13.2.4 If the Contractor fails to correct defective or nonconforming non-conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State City may correct it in accordance with ParagraphParagraph 3.4.
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the ArchitectEngineer, the State City may remove it and may store the materials materials, or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten calendar days thereafter, the State City may upon ten additional days calendar days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the StateEngineer’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.be
13.2.6 The Contractor shall bear the cost of making good all work of the State City or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Paragraph 4.5 hereof. The establishment of the time period of three years after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: City Contractor Agreement
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be or the Owner as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting and/or replacing all other Work damaged or destroyed by such rejected Work, including compensation for the Architect's replacement and the State’s additional services made necessary therebyre- execution.
13.2.2 If, If it is determined that within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written specific acceptance of such condition. This obligation shall survive termination or final completion of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site Site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 andunless removal is waived by the Owner.
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided within the time period set forth in Subparagraphs 4.5.1, 13.2.1 and 13.2.2a written notice from the Owner to the Contractor, the State may Owner, after written notice to the Surety, if any, may, but shall not be required to, correct it in accordance with Paragraphsuch defective or nonconforming Work. All costs of such corrective action incurred by the Owner plus a fee equal to ten percent (10%) of the costs of such Work incurred by the Owner and all out-of-pocket expenses incurred by the Owner shall be deducted from balance of Contract Sum due to the Contractor, or if that is insufficient, the Contractor shall pay the difference to the Owner upon demand.
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable the time fixed by written notice from the ArchitectOwner to the Contractor, the State Owner may remove it such defective or nonconforming Work and may store the materials material or equipment at the expense of the Contractor. If the Contractor does not pay the cost costs of such removal and in storage within ten (10) days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, thereof after deducting all the costs that should shall have been borne by the Contractor, including compensation for the Architect's additional services made necessary thereby and the State’s additional services and Owner's out-of-pocket expenses made necessary therebytogether with a fee of ten percent (10%) of such costs. If such proceeds of the sale do not cover all costs which the Contractor should Owner shall have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due unpaid balance of the Contract Sum owing the Contractor are is not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner upon demand.
13.2.6 The Contractor shall bear the cost of making good all work of the State Owner or separate contractors destroyed or damaged damage by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Owner Contractor Agreement (Wells Real Estate Fund Ix Lp)
CORRECTION OF WORK. 13.2.1 § 18.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective Owner or which fails failing to conform to the requirements of the Contract Documents whether observed be- fore or after Documents, discovered before Substantial Completion and whether or not fabricated, installed installed, or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including compensation for additional testing and inspections, the Architect's cost of uncovering and the Statereplacement, and Owner’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If§ 18.2 In addition to the Contractor’s obligations under Section 9.4 as modified by Section 9.4.1, if, within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law or by warranties established under Section 15.6.3 (the terms of any applicable special warranty required by the Contract Documents“Correction Period”), and subject to Sections 18.2.1 and 18.2.2, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The § 18.2.1 Notwithstanding anything to the contrary contained in this Article 18 or the Contract Documents, Contractor’s duty to correct under this Article 18 shall not apply to any system or equipment which is separately warranted by written warranty to the Owner by a manufacturer, supplier or Subcontractor of any tier.
§ 18.2.2 In the event of any shortfall in Guaranteed Energy Savings or Operational Savings, regardless of whether the shortfall occurs during the Correction Period, Contractor shall remove from have the site all portions absolute right to analyze the cause or causes of such shortfall and, to the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1extent caused by Contractor, 13.2.1 andremedy the shortfall to the extent possible in lieu of payment to Owner to the extent remedied.
13.2.4 § 18.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the Section 8.3. § 18.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the Contractor might have under theperiod of time between Substantial Completion and the actual completion of that portion of the Work.
Appears in 1 contract
CORRECTION OF WORK. §13.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective Owner or which fails failing to conform to the requirements of the Contract Documents at the Contractor’s expense, whether observed be- fore before or after Substantial Final Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's Consultant’s services and the State’s additional services expenses made necessary thereby.
§13.2.2 If, within one year after the Date date of Substantial Final Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law Work, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Contractor, at the Contractor’s expense, shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual performance of the Work. This obligation under this Section 13.2.2 shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.any use or
§13.2.3 The Contractor shall remove from the Project site all portions of the Work which are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
§13.2.4 If the a Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 Section 2.5. If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable time fixed by written notice from the ArchitectConsultant, the State Owner may remove it and may store the materials or equipment salvable FF&E at the expense of the Contractor’s expense. If the Contractor does not pay the cost costs of such removal and storage within ten (10) days thereafterafter written notice, the State Owner may upon ten (10) additional days days’ written notice sell such Work FF&E at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect's and the StateConsultant’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 §13.2.5 The Contractor shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged property, including completed or partially completed construction, of the Owner or Owner’s separate contractors caused by such the Contractor’s correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 §13.2.6 Nothing contained in this Paragraph Section 13.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of one year as described in Section 13.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. The corrective remedies set forth in this Section 13.2 are not exclusive and shall not deprive the Owner of any action, right or remedy otherwise available to the Owner for breach of any of the provisions of the Contract Documents.
Appears in 1 contract
Samples: Agreement Between Owner and Contractor for Furniture, Furnishings and Equipment
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails the Owner or failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby.
13.2.2 12.2.2 If, within one year two years after the Date of Substantial Completion date of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time Owner's final payment as may be prescribed by law provided in Paragraph 9.10 hereof, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall shall, at the Contractor’s sole cost and expense, correct it promptly after receipt of a written notice from the State Owner to do so so, unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 12.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateParagraph 2.4.
13.2.6 12.2.5 The Contractor shall bear the cost of making good all work correcting destroyed or damaged construction, whether completed or partially completed, of the State Owner or separate contractors destroyed or damaged caused by such the Contractor's correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 12.2.6 Nothing contained in this Paragraph 13.2 12.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of two years as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to personally correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations (other than specifically to personally correct the Work). In confirmation and furtherance of the foregoing, the Contractor acknowledges and agrees that Subparagraph 12.2.2 does not affect the Contractor's obligations and liabilities under Paragraph 3.5.
Appears in 1 contract
Samples: Contract for Construction
CORRECTION OF WORK. 13.2.1 The Contractor All Unit Work as to the PVI Plaza Unit not conforming to the standards specified in Section 8.3.21(a) shall be responsible for correcting all considered, and is hereinafter referred to as, “defective.” All such defective Unit Work which shall be promptly corrected by the Architect has found applicable Developer Party at no cost to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completedAuthority. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Final Completion of the Work PVI Plaza (or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any other applicable special guarantee or warranty required by the Contract DocumentsPlans), any of the Unit Work is found to be defective or not in accordance with the Contract Documentsdefective, the Contractor Developer and any other applicable Developer Party, at their sole expense, shall correct it such defective Unit Work promptly after receipt of a written notice from the State Authority to do so unless so. All corrective redesign and all corrective Unit Work shall be covered by the State has previously given same warranties set forth in Section 8.3.20 and in this Section 8.3.21 for the Contractor a written acceptance of such condition. This obligation shall survive termination remainder of the Contractoriginal 12-month period, or six months after completion of the corrective work, whichever is longer. The State applicable Developer Party, at its sole cost, shall give such notice promptly after discovery cause to be provided all labor, supervision, engineering, field service representation, equipment, tools and materials necessary to gain access to and correct the nonconforming condition and shall bear all expenses (including redesign and labor costs) in connection therewith. The cost of the condition.
13.2.3 The Contractor shall remove transporting new, repaired, replaced or modified items of material or equipment to and from the site all portions of shall be borne by the applicable Developer Party. All defective Unit Work which are defective or non-conforming and which have that is not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 as provided in this Section 8.3.21(b) shall be removed from the PVI Plaza Unit if deemed necessary by Authority. The applicable Developer Party shall cause to be performed remedial obligations hereunder in a timely manner consistent with Authority’s reasonable requirements. If the Contractor applicable Developer Party fails to correct timely defective or nonconforming Unit Work as provided in Subparagraphs 4.5.1conformity with this Agreement and the Plans, 13.2.1 and 13.2.2, the State Authority may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a work and hold the applicable Developer Party and the AHDC liable for all costs, expenses and damages, including redesign fees, reasonable time fixed by written notice from the Architectattorney’s fees, the State may remove it and may store the materials or equipment interest at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged rate equal to the Contractor Default Rate and an appropriate Change Order shall be issued. If litigation costs incurred by Authority in correcting the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Statedefective Unit Work.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Development Agreement
CORRECTION OF WORK. 13.2.1 17.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby, shall be at the Contractor's expense.
13.2.2 If17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 17.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphParagraph 7.3.
13.2.5 If the Contractor does not proceed with the 17.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If12.2.2 In addition to the Contractor’s warranty obligations under Section 3.5, if, within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Section 9.9.1, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documentsworking order, the Contractor shall correct it promptly and without cost to the Owner after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation Upon noting that the Work is not in working order, the Owner shall survive termination give notice to the Contractor with reasonable promptness. If any such Work requiring correction interferes with any occupancies or involves any emergency or any essential building systems (such as, without limitation, plumbing stoppages or leaks, HVAC, fire sprinklers, fire alarms and site lighting) the Contractor shall respond with a corrective plan within 2 hours of any service request by the Owner, shall promptly commence corrective action (in any event within 24 hours of such request regardless of whether such time is a weekend of holiday), and shall promptly complete all corrective Work (in any event within 72 hours of such request regardless of whether such time is a weekend of holiday). All other corrective Work will be commenced within 72 hours of any service request by the Owner and will promptly be completed. If the Contractor fails to correct nonconforming Work as provided above, the Owner may correct it in accordance with Section 2.4.
12.2.3 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the ContractWork. The State one-year period for correction of Work shall give such notice promptly after discovery of not be extended by corrective Work performed by the conditionContractor pursuant to this Section 12.2, except as to the corrective Work itself.
13.2.3 12.2.4 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the requirements of the Contract Documents and are neither corrected by the Contractor does not proceed with nor accepted in writing by the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it Owner.
12.2.5 The Contractor shall bear and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereaftercorrecting destroyed or damaged construction, whether completed or partially completed, of the State may upon ten additional days written notice sell such Work at auction Owner or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne separate contractors caused by the Contractor, including compensation for ’s correction or removal of Work which is not in accordance with the Architect's and requirements of the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateContract Documents.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 12.2.6 Nothing contained in this Paragraph 13.2 Section 12.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have has under thethe Contract Documents including the obligation that all Work be performed in accordance with the Contract Documents. Establishment of the one-year period as described in Section 12.2 relates only to the specific obligation of the Contractor to place the Work in working order, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to all of the Contractor’s other obligations.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor (Adicet Bio, Inc.)
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all promptly correct work rejected by the AOC or Work which the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents whether observed be- fore or after Substantial Completion and Documents, whether or not fabricated, installed or completed. The Contractor shall bear all the costs of correcting such rejected Workwork, including additional testing and inspections required and compensation for the ArchitectAOC's services and the State’s additional services expenses made necessary thereby.
13.2.2 If. Notwithstanding Paragraph 3.5, within one year after in the Date event of Substantial Completion an emergency constituting an immediate hazard to the health or safety of AOC employees, property, or licensees, the AOC may undertake, at the Contractor's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the Work or designated portion thereof or within one year after acceptance by the State Contractor not being in accordance with requirements of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the Project site all portions of the Work which that are defective or non-conforming not in accordance with the requirements of the Contract Documents, and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 by the Contractor nor accepted by the AOC. If the Contractor fails to correct defective or nonconforming Work work, as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2per Paragraph 3.5, the State AOC may correct it the nonconforming work in accordance with Paragraph
13.2.5 Paragraph 2.3. If the Contractor does not proceed with the correction of such defective or non- conforming Work nonconforming work, within a reasonable such time fixed by written notice from the ArchitectAOC, the State AOC may remove it and may store the salvable materials or articles and/or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost all costs of such removal and storage within ten 14 days thereafterafter written notice, the State may AOC may, upon ten 14 additional calendar days written notice notice, sell such Work materials articles and/or equipment at an auction or at private sale sale, and shall account for the net proceeds thereof, after deducting all the costs and damages that should would have been borne by the Contractor, including compensation for the ArchitectAOC's and the State’s additional services and expenses made necessary thereby. If such the proceeds of a sale do not cover all costs which that the Contractor should would have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 AOC. The Contractor shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged Work executed by such the AOC or separate contractors, whether fully completed or partially completed, which is caused by the Contractor's correction or removal.
13.2.7 removal of Work that is not in accordance with requirements of the Contract Documents. Nothing contained in this Paragraph 13.2 12.2 shall be construed to establish a period of limitation with respect to any other obligation which obligations that the Contractor might have under thein the Contract Documents. Establishment of the time period of 1 year, as described in Subparagraph 3.5.1, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Assist Agreement
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be or the Owner as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting and/or replacing all such rejected Work, and including compensation for of the Architect's and the State’s additional services made necessary therebyand all other expenses incurred by Owner as a result of such correction including the expense of repairing and/or replacing all other Work damaged or destroyed by such replacement and re-execution.
13.2.2 If, If it is determined that within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written specific acceptance of such condition. This obligation shall survive termination or final completion of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site Site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 andunless removal is waived by the Owner.
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided within the time period set forth in Subparagraphs 4.5.1, 13.2.1 and 13.2.2a written notice from the Owner to the Contractor, the State may Owner, after written notice to the Surety, if any, may, but shall not be required to, correct it in accordance with Paragraphsuch defective or non-conforming Work. All costs of such corrective action incurred by the Owner plus a fee equal to ten (10%) percent of the costs of such Work incurred by the Owner and all out-of-pocket expenses incurred by the Owner shall be deducted from the balance of the Contract Sum due to the Contractor, or if that is insufficient, the Contractor shall pay the difference to the Owner upon demand.
13.2.5 If the Contractor does not proceed with the correction of such defective or non- non-conforming Work within a reasonable the time fixed by written notice from the ArchitectOwner to the Contractor, the State Owner may remove it such defective or non- conforming Work and may store the materials material or equipment at the expense of the Contractor. If the Contractor does not pay the cost costs of such removal and or storage within ten (10) days thereafter, the State Owner may upon ten (10) days additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, thereof after deducting all the costs that should shall have been borne by the Contractor, including compensation for the Architect's additional services made necessary thereby and the State’s additional services and Owner's out-of-pocket expenses made necessary therebytogether with a fee of ten (10%) percent of such costs. If such proceeds of the sale do not cover all costs which the Contractor should Owner shall have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due unpaid balance of the Contract Sum owing the Contractor are is not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner upon demand.
13.2.6 The Contractor shall bear the cost of making good all work of the State Owner or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Owner Contractor Agreement (Wells Real Estate Investment Trust Inc)
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design/Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design/Builder to be defective or which fails failing to conform to the Contract Documents Construction Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor , and shall bear all costs correct Work under this Part 2 found to be defective or non conforming within a period of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after from the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment thereof, or within such longer period of time as may be prescribed provided by law or by the terms of any applicable special warranty required by in the Contract Documents, any . Upon issuance of the Work is found Certificate of Completion and final payment, Design/Builder shall assign to be defective or not in accordance with Owner all warranties and guarantees that it has received relative to the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionProject.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.2 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to other obligations of the Design/Builder under this Part 2. Paragraph 9.1 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder's liability with respect to the Design/Builder's obligations by contract, statute or common law, other than correction of the Work.
9.3 If the Design/Builder fails to correct the defective Work as required or is otherwise in default under Part 1 or Part 2, the Owner may, but need not, provide written notice to Design/Builder of default. In the event such a notice of default is given, Design/Builder shall have a period of seven (7) days after the date of receipt of such notice, to effect a cure of said default in accordance with the Contract Documents. If Design/Builder fails to effect a cure of the default within the seven (7) day time period, Owner may, at Owner's option (i) order Design/Builder to immediately cease all Work except that required to cure the default and Owner may then proceed to cure the default and may charge the cost thereof to the Design/Builder, or (ii) provide notice of termination of this Part 2, in whole or in part. In the event notice of termination is given, Design/Builder shall have an additional seven (7) days from the date such termination notice is received to cure any other obligation which default. In the Contractor might have under theevent of the failure of Design/Builder to then cure default, this Part 2 shall terminate in whole or in part without further action on the part of Owner. In the event that any default is of such a nature that it cannot be cured within the initial seven (7) days, the Design/Builder shall be allowed up to an additional twenty- two (22) days to cure the default, so long as Design/Builder immediately takes action to cure the default upon receipt of the first notice and diligently pursues the correction of such deficiency.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design/Builder (Ballard Medical Products)
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder's liability with respect to the Design Builder's obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an gent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner's right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 § 18.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed installed, or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If§ 18.2 In addition to the Contractor’s obligations under Section 9.4, if, within one (1) year or such longer period after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Section 15.6.3, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year or longer period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 § 18.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphSection 8.3.
13.2.5 § 18.4 The one (1) year or longer period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§ 18.5 If the Contractor does not proceed with the correction of such defective or non- conforming fails to correct nonconforming Work within a reasonable ten (10) days or such other time fixed by written notice from the Architect, the State Owner may proceed under Section 8.3 and correct the nonconforming Work or remove it and may store the salvable materials or equipment at the expense of the Contractor’s expense. If the Contractor does not pay the cost costs of such removal and storage within ten (10) days thereafterafter written notice, the State Owner may upon ten (10) additional days days’ written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs damages that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor
CORRECTION OF WORK. 13.2.1 § 17.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby, shall be at the Contractor's expense.
13.2.2 If§ 17.2 In addition to the Contractor's obligations under Section 8.4, if, within one year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Section 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 § 17.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphSection 7.3.
13.2.5 If the Contractor does not proceed with the § 17.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
§ 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 15.2.1. The Contractor Owner shall be responsible for correcting all have the authority to reject any portion of the Work which the Architect has found to be is defective or which fails to does not conform to the Contract Documents AGREEMENT, and the Contractor shall promptly correct all Work so rejected by the Owner, whether observed be- fore before or after the Date of Substantial Completion and whether or not fabricated, installed or completed. In order that such corrective Work shall not interrupt or delay the Owner's schedule for completion of the Project or, if applicable, disturb the occupants of the completed Project, the Contractor shall perform such Work according to a schedule therefore established by the Owner (which may provide that the same be performed on overtime, shift work, Saturdays, Sundays and/or holidays), utilizing in the performance thereof such manpower as is necessary to complete the corrective Work in accordance with said schedule. The Contractor shall bear all costs of correcting such rejected WorkWork including, including without limitation, compensation for the Architect's any additional architectural and the State’s additional engineering services made necessary thereby.
13.2.2 15.2.2. If, within one (1) year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance (as determined by the State of designated equipment Owner) or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty or guarantee required by the Contract DocumentsAGREEMENT, any of the Work is found to be defective or not in accordance with the Contract DocumentsAGREEMENT, the Contractor shall correct it promptly after receipt of a written notice instructions to that effect from the State to do so Owner unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 15.2.3. The Contractor shall remove from the site Job Site all portions of the Work which are is defective or non-conforming and which have not been corrected under Paragraph 5.4. or Subparagraphs 4.5.1, 13.2.1 and15.2.1. or 15.2.2. unless removal is waived by the Owner.
13.2.4 If 15.2.4. The Contractor shall bear the Contractor fails to correct defective cost of making good all work of Separate Contractors (and any of the Owner's other structures or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraphfacilities) destroyed or damaged by such removal or correction.
13.2.5 15.2.5. If the Contractor does not proceed with the correction of remove such uncorrected defective or non- non-conforming Work within a reasonable time fixed by written notice instructions to that effect from the ArchitectOwner, the State Owner may remove it and may store the materials or and equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten (10) days thereafter, the State may Owner may, upon ten (10) additional days written notice notification to the Contractor, sell such Work materials and equipment at auction public or at private sale and shall account to the Contractor for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's any additional architectural and the State’s additional engineering services and expenses attorneys' fees made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments offset against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such amountdifference, the Contractor shall shall, upon demand, pay the difference same to the StateOwner. The obligations of the Contractor under this Subparagraph 15.2.5. shall be in addition to, and not in limitation of, any obligations imposed on it by law, by any other provision of this AGREEMENT or by any warranty or guarantee under this Contract.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which 15.2.6. If the Contractor might have under thefails to correct any defective or non-conforming Work, the Owner may correct it in accordance with Paragraph 15.
Appears in 1 contract
Samples: Production Shaft Facility Agreement (Hecla Mining Co/De/)
CORRECTION OF WORK. 13.2.1 12.2.1 BEFORE OR AFTER SUBSTANTIAL OR FINAL COMPLETION
12.2.1.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial or Final Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor's expense.
13.2.2 If12.2.2 AFTER SUBSTANTIAL COMPLETION
12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year two-years after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Maricopa Community Colleges requested such use. MCCCD pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During this warrantee period, if any faulty or defective materials or workmanship is discovered, the Owner will provide notice to the Contractor requesting the Contractor repair or remedy the defect at the sole expense of the Contractor. During the one-year two-year period for correction of Work, if the Owner fails to notify the Contractor and give the 5 Contractor an opportunity to make the correction, the Owner does not waives the right to require correction by the Contractor or to make a claim for breach of warranty.
13.2.3 .1 The Contractor agrees that he shall remove from respond to the site all portions warranty request within forty-eight (48) hours, and then commence and diligently pursue remedy or repair within five work days. Warranty requests that adversely effect the operation of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 andcritical building systems or
13.2.4 .2 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2timely commence the corrective work, the State Owner, at his option, may correct it in accordance with Paragraph
13.2.5 If perform the Contractor does not proceed with corrective work or have the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment same performed at the expense of the Contractor. If , with payment due to the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne Owner by the Contractor, including compensation or his surety, upon receipt
12.2.2.2 The one year two- year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the Architect's period of time between Substantial Completion and the State’s additional services and expenses made necessary therebyactual performance of the Work, or for a period of six months after completion of the corrective work, whichever is longer. If such proceeds of sale do not cover all costs which the Contractor should have borneDuring this warrantee period, if any faulty or defective materials or 20 workmanship is discovered, the difference shall be charged Owner will provide notice to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due requesting the Contractor are repair or remedy the defect at the sole expense
12.2.2.3 The one-year period for correction of Work shall not sufficient to cover such amount, be extended by corrective Work performed by the Contractor shall pay the difference pursuant to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the12.2
Appears in 1 contract
Samples: General Conditions of the Contract for Construction
CORRECTION OF WORK. 13.2.1 17.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected ejected Work, including Including additional testing and inspections and compensation for the Architect's ’s services and the State’s additional services expenses made necessary thereby, shall be at the Contractor’s expense.
13.2.2 If17.2 In addition to the Contractor’s obligations under Paragraph 8.4, if, within one year after the Date date of Substantial Final Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 17.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphParagraph 7.3.
13.2.5 If the Contractor does not proceed with the 17.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 14.2.1 The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Owner as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the StateOwner’s additional services and the Owner’s fees made necessary thereby.
13.2.2 14.2.2 If, within one year at any time after the Date of Substantial Completion Owner's acceptance of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentsfully completed Project, any of the Work is found not to be defective or not have been provided in accordance conformance with the Contract Documents, or, if within one year after such acceptance any of the Work, is otherwise found to be faulty or defective, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless so. The Contractor shall also repair or replace any part of the State has previously given Work which is damaged by the Contractor a written acceptance of such conditiondefective condition or the remedial Work. This obligation shall survive termination of the Contract, subject to the terms of any applicable statute of limitations. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 14.2.3 The Contractor shall remove from the site Site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1Articles 5.4.1, 13.2.1 and14.2.1 and 14.2.2, unless removal is waived by the Owner.
13.2.4 14.2.4 If the Contractor fails to correct defective or nonconforming non-conforming Work as provided in Subparagraphs 4.5.1Articles 5.4.1, 13.2.1 14.2.1 and 13.2.214.2.2, the State Owner may correct it in accordance with ParagraphArticle 4.3.
13.2.5 14.2.5 If the Contractor does not proceed with the correction of such defective or non- non-conforming Work within a reasonable time fixed by written notice from the ArchitectOwner, the State Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten 10 days thereafter, the State Owner may upon ten 10 additional days written notice sell such Work at auction or at a private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due to the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner upon demand.
13.2.6 14.2.6 The Contractor shall bear the cost of making good all work of the State Owner or separate contractors destroyed or damaged by such correction or removal.
13.2.7 14.2.7 Nothing contained in this Paragraph 13.2 Article shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Article 5.4 hereof. The establishment of any time period prescribed by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which its obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish the Contractor liability with respect to Contractor’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: General Conditions
CORRECTION OF WORK. 13.2.1 Section 4.15.1 The Contractor Department shall be responsible for correcting all at liberty to object and to require the Design- Builder to remove forthwith from the Project site and the Work which and to promptly replace the Architect has found Superintendent, any xxxxxxx, technical assistant, laborer, agent, representative, or other person used by the Design-Builder in or about the execution or maintenance of the Work, who in the sole opinion of the Department is misconducting himself or herself, or is incompetent or negligent in the proper performance of his or her duties, or whose performance in the Work is otherwise considered by the Department to be defective undesirable or which fails unsatisfactory, and such person shall not be again employed upon the Project without the written permission of the Department.
Section 4.15.2 The Design-Builder shall promptly correct Work rejected by Department for failing to conform to the Contract requirements of the Construction Documents or any approved design document or applicable law or regulations whether observed be- fore before or after Substantial Completion the Project’s completion and whether or not fabricated, installed or completed. The Contractor , and shall bear all costs of correcting such rejected Work, including compensation for correct any Work found to be not in accordance with the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, requirements within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer a period of time as may be prescribed by law one (1) year from the date of completion or by the terms of any an applicable special warranty required by this Agreement.
Section 4.15.3 If during the guarantee or warranty period, any material, equipment or system requires corrective Work because of defects in materials or workmanship, the Design- Builder shall commence corrective Work within forty-eight (48) hours after receiving the notice and work diligently until corrective Work is completed; provided, however, if such notice is received on the day before a weekend or a holiday, the Design-Builder will commence corrective Work on the next business day. If the Design-Builder does not, in accordance with the terms and provisions of the Contract Documents, any of commence all corrective Work within forty-eight (48) hours or if the Design-Builder commences such Work is found to be defective or but does not pursue it in accordance with the Contract Documentsan expeditious manner, the Contractor shall correct it promptly after receipt of a written notice from Department may either notify the State bonding company to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work and/or obligations performed at auction no additional cost to Department or at private sale may perform such Work and/or obligations and shall account for the net proceeds thereof, after deducting all charge the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged thereof to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateDesign-Builder.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the
Appears in 1 contract
Samples: Design Build Agreement
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting 1. Contractor, upon discovery of any defective or non-conforming Work, or when directed in writing by SCC, must promptly re-perform, correct or remove all Work which the Architect has found identified to be defective or which fails as failing to conform to the standards set forth in, or any requirement of the Contract Documents whether observed be- fore or after Substantial Completion and Documents, whether or not fabricated, installed or completed. The Contractor shall must bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1Work, 13.2.1 and
13.2.4 If the Contractor fails to correct including costs associated with removing any defective or nonconforming non-conforming Work, replacing such defective or non-conforming Work as provided in Subparagraphs 4.5.1with non-defective, 13.2.1 conforming Work and 13.2.2any compensation for any additional equipment, the State may correct it in accordance with Paragraphmaterials and/or services made necessary by such removal and replacement.
13.2.5 2. If the Contractor does not proceed with the re-performance, correction or removal of such defective or non- non-conforming Work within a reasonable time fixed by after written notice from SCC within the Architecttime period designated by such notice, the State SCC may correct or remove it and may store the materials or and/or equipment at the expense of Contractor, then complete the Contractorcorrective Work. If the Contractor does not pay the cost costs incurred for such removal, storage and correction within 10 days after receipt of written notice from SCC of the amount of such removal and storage within ten days thereaftercosts, the State SCC may upon ten 10 additional days days’ written notice notice, sell any such Work materials and/or equipment at an auction or at a private sale and shall will account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the StateSCC’s additional services and expenses made necessary therebyservices. If such proceeds of sale do not cover all costs which for removal and correction of the Contractor should have borneWork, the difference shall will be charged to the Contractor with a deduction of any amounts due Contractor, and an appropriate Change Order Contract modification shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall must pay the difference to SCC, or SCC may deduct the Stateamount from any other funds due to Contractor, including, without limitation, any amounts due under any other contract between SCC and Contractor.
13.2.6 The Contractor shall bear 3. Any work done without lines and grades or beyond the cost of making good all lines shown on the drawings or any work performed outside the scope of the State Contract, without the prior written consent or separate contractors destroyed direction of SCC, is not authorized and is performed only at the sole expense of Contractor. Upon direction of SCC, work so done must be removed or damaged by such correction or removalreplaced and those areas restored to their previously existing state at Contractor’s sole expense.
13.2.7 Nothing contained 4. Neither the determination of Final Completion and Acceptance of the Work, nor payment, nor any provisions in this Paragraph 13.2 shall be construed the Contract Documents will relieve Contractor of responsibility for defective or non-conforming Work, faulty materials, equipment or workmanship, and unless otherwise specified, Contractor must remedy any defects due to establish a the foregoing and pay for any damage to the Work or other property resulting from defective or non-conforming Work, or faulty materials, equipment or workmanship throughout the Guarantee Period, as defined in Section VII.E., “Guarantees,” below, or such other period of limitation time afforded by industry custom or law, whichever is longer. SCC will give Contractor written notice of such observed defects with respect to any other obligation which the Contractor might have under thereasonable promptness.
Appears in 1 contract
Samples: Construction Contract
CORRECTION OF WORK. 13.2.1 15.2.1 The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Owner as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the StateOwner’s additional services and the Owner’s fees made necessary thereby.
13.2.2 15.2.2 If, within one year at any time after the Date of Substantial Completion Owner's acceptance of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentsfully completed Project, any of the Work is found not to be defective or not have been provided in accordance conformance with the Contract Documents, or, if within one year after such acceptance any of the Work, is otherwise found to be faulty or defective, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State has previously given the so. The Contractor a written acceptance of such condition. This obligation shall survive termination also repair or replace any part of the Contract. The State shall give such notice promptly after discovery of Work which is damaged by the condition.defective
13.2.3 15.2.3 The Contractor shall remove from the site Site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1Articles 5.4.1, 13.2.1 and14.2.1 and 14.2.2, unless removal is waived by the Owner.
13.2.4 15.2.4 If the Contractor fails to correct defective or nonconforming non-conforming Work as provided in Subparagraphs 4.5.1Articles 5.4.1, 13.2.1 15.2.1 and 13.2.2154.2.2, the State Owner may correct it in accordance with ParagraphArticle 4.3.
13.2.5 15.2.5 If the Contractor does not proceed with the correction of such defective or non- non-conforming Work within a reasonable time fixed by written notice from the ArchitectOwner, the State Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten 10 days thereafter, the State Owner may upon ten 10 additional days written notice sell such Work at auction or at a private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due to the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner upon demand.
13.2.6 15.2.6 The Contractor shall bear the cost of making good all work of the State Owner or separate contractors destroyed or damaged by such correction or removal.
13.2.7 15.2.7 Nothing contained in this Paragraph 13.2 Article shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Article 5.4 hereof. The establishment of any time period prescribed by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which its obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish the Contractor liability with respect to Contractor’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: General Conditions
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby.
13.2.2 12.2.2 If, within one year after the Date date of Substantial Completion of the Work or designated portion thereof thereof, or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 9.9.1, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 12.2.3 The Contractor shall remove from the site all portions of the Work which art not in accordance with the requirements of the Contract Documents and are defective or non-conforming and which have not been neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 Paragraph 2.4. If the Contractor does not proceed with the correction of such defective or non- conforming nonconforming Work within a reasonable time Time fixed by written notice from the Architect, the State Owner may remove it and may store the salvable materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost costs of such removal and storage within ten days thereafterafter written notice, the State Owner may upon ten additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 12.2.5 The Contractor shall bear the cost of making good all work correcting destroyed or damaged construction, whether completed or partially completed, of the State Owner or separate contractors destroyed or damaged caused by such the Contractor's correction or removalremoval of Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 12.2.6 Nothing contained in this Paragraph 13.2 12.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.
Appears in 1 contract
Samples: Construction Contract (Digex Inc/De)
CORRECTION OF WORK. 13.2.1 12.2.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails Owner or failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's and the Stateother consultant’s additional services and expenses made necessary thereby, any cost, loss, or damages to the Owner resulting from such failure or defect, including attorney’s fees, and all costs associated with having to re- bid any portion of the project which Contractor fails to correct.
13.2.2 If12.2.1.1 If seasonal limitations prevent performance of required tests for heating or air conditioning equipment or other equipment as of the date of Substantial Completion for the Work, the warranty period for such systems shall begin after the tests have been successfully performed. The use of permanent equipment for temporary heat or other construction activities shall in no way affect warranty period for equipment. Warranty period shall commence when above mentioned tests have been successfully performed.”
12.2.1.2 The Owner may make emergency repairs to the Work or take such other measures necessary under the circumstances, if the Contractor does not promptly respond to a notice of defect or nonconforming Work. Contractor shall be responsible to Owner for this cost if the reason for the repairs is attributable to the Contractor. If payments then or thereafter due to the Contractor are not sufficient to cover such costs, then the Contractor shall pay the difference to the Owner on demand.
12.2.2 If within one year after the Date date of Substantial Completion of the Work or designated portion thereof thereof, or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 9.9.1, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. Contractor shall respond with due diligence to any such written notice from the Owner, and shall be responsible for any damages resulting from a failure to respond with due diligence. Any defect or deficiency in any Warranty item that could affect the safety of persons or property shall be considered an emergency and must be corrected by Contractor as soon as practicable without delay to prevent threatened damage, injury or loss. Contractor shall be responsible for any damages resulting from a failure to correct any defect or deficiency in such emergency, and shall be responsible for all costs incurred by Owner in responding to such emergency and in mitigating damages to persons or property in the event of Contractor's failure to correct. This period of one year shall be extended with respect to portions of Work first performed after Substantial completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. All damages recoverable hereunder shall be in addition to any and all damages recoverable under any other provision of this contract including those recoverable under Section 12.2.1 of these General Conditions.
13.2.3 12.2.3 The Contractor shall remove from the site all portions of the Work which that are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 12.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2or damages resulting from nonconforming Work within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thewith
Appears in 1 contract
Samples: General Contract
CORRECTION OF WORK. 13.2.1 15.2.1 The Contractor Construction Manager shall be responsible for correcting promptly remove from the premises all Work which materials and correct all work rejected by the Architect has found to be Architect/Engineer as defective or which fails as failing to conform to the Contract Documents Documents, whether observed be- fore before or after Substantial Completion completion of the Work and whether or not fabricated, installed or completed. The Contractor Construction Manager shall bear all costs of correcting such rejected Workwork, including compensation for the Architect/Engineer's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after 15.2.2 If the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found Construction Manager fails to be defective or not in accordance with the Contract Documents, the Contractor shall remove rejected materials and/or correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming work, the Principal Representative may remove the same and/or correct it. In such case, an appropriate Amendment or Change Order shall be issued deducting from the payments then or thereafter due to Construction Manager, all costs of removing such materials and which have not been corrected under Subparagraphs 4.5.1correcting such deficiencies, 13.2.1 and
13.2.4 including compensation for the Architect/Engineer's additional services made necessary by such default, neglect or failure. If the Contractor fails payments then or thereafter due the Construction Manager are not sufficient to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2cover such amount, the State may correct it in accordance with ParagraphConstruction Manager shall pay the difference to the Principal Representative.
13.2.5 15.2.3 If the Contractor Construction Manager does not proceed with the correction of such defective or non- conforming Work work within a reasonable time fixed by written notice from the Architect/Engineer issued through the Principal Representative, the State Principal Representative may remove it and may store the materials or equipment at the expense of the ContractorConstruction Manager. If the Contractor Construction Manager does not pay the cost of such removal and storage within ten (10) days thereafter, the State may Principal Representative may, upon ten (10) additional days written notice notice, sell such Work work at auction or at private sale sale, and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the ContractorConstruction Manager, including compensation for the Architect/Engineer's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor Construction Manager should have borne, the difference shall be charged to the Contractor Construction Manager and an appropriate Amendment or Change Order shall be issued. If the payments then or thereafter due the Contractor Construction Manager are not sufficient to cover such amount, the Contractor Construction Manager shall pay the difference to the StatePrincipal Representative.
13.2.6 15.2.4 The Contractor shall bear the cost of costs for correcting rejected work and for making good all any other work of the State Principal Representative or separate contractors destroyed or damaged by such correction or removalremoval shall be allocated in accordance with paragraph 3.4.5.
13.2.7 Nothing contained 15.2.5 Should any defective work or material be discovered during the progress of construction, or should reasonable doubt arise as to whether certain material or work is in this Paragraph 13.2 accordance with the Contract Documents, the value of such defective or questioned material or work shall not be included in any Project Application for Payment, or if previously included, shall be construed to establish a period of limitation with respect to any other obligation which deducted by the Contractor might have under theArchitect/Engineer from the next application submitted by the Construction Manager.
Appears in 1 contract
Samples: Construction Manager/General Contractor Agreement (Cmgc)
CORRECTION OF WORK. 13.2.1 17.1 The Contractor shall be responsible for correcting all promptly correct Work which rejected by the Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and the State’s additional services expenses made necessary thereby, shall be at the Contractor's expense.
13.2.2 If17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year two years after the Date date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established under Subparagraph 14.4.2, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. During the one- year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 17.3 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with ParagraphParagraph 7.3.
13.2.5 If the Contractor does not proceed with the 17.4 The one-year period for correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation extended with respect to any other obligation which portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor might have under thepursuant to this Article 17.
Appears in 1 contract
Samples: Construction Contract
CORRECTION OF WORK. 13.2.1 The Contractor 11.1 Landlord shall be responsible for correcting promptly correct all Work which the Architect has found to be defective or which fails failing to conform to the Contract Documents Plans whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Landlord shall bear all costs of correcting such rejected defective Work, including compensation for the ArchitectTenant's and the State’s Space Planner's additional services made necessary thereby.
13.2.2 11.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State Tenant of designated equipment or within such longer period of time as may be prescribed by law to the extent agreed to by Landlord's Contractor or by the terms of any applicable special warranty required by the Contract DocumentsPlans, any of the Work is found to be defective or not in accordance with the Contract DocumentsPlans, the Contractor Landlord shall correct it promptly after receipt of a written notice from the State Tenant to do so so, unless Tenaxx xxx previously accepted such condition pursuant to the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination Punch List (as provided in Paragraph 7 of the ContractWork Letter) or unless such condition is a latent defect which could not reasonably have been discovered by due care at the time of the inspection of the Premises pursuant to Paragraph 7 of the Work Letter. The State Tenant shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor 11.3 Landlord shall remove from the site all portions of the Work which are defective or non-conforming nonconforming and which have not been corrected under Subparagraphs 4.5.1corrected, 13.2.1 andunless removal is waived by Tenant.
13.2.4 11.4 If the Contractor Landlord fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1that is Landlord's responsibility, 13.2.1 and 13.2.2, the State Tenant may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the ArchitectLandlord's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Statecost.
13.2.6 The Contractor 11.5 Landlord shall bear the cost of making good all work of the State Tenant or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained 11.6 Landlord's guarantee set forth in this Paragraph 13.2 11 will commence upon the respective occupancy dates for each floor of the Premises. 146
11.7 Correction of defective or nonconforming Work shall include all damage done to the Project, building contents, or to work of others as a result of corrective action.
11.8 Corrective Work shall be construed to establish a period covered by an additional 360 day guarantee, dated from final acceptance of limitation with respect to any other obligation which such corrective Work.
11.9 All Guarantees, whether they be for structural, mechanical components or electrical components, shall commence from the Contractor might have under therespective possession date of each floor of the Premises, not from the date of shipment or installation of an item.
Appears in 1 contract
Samples: Sublease (Universal Access Inc)
CORRECTION OF WORK. 13.2.1 11.6.1 The Contractor Design/Builder shall be responsible for correcting all Work which promptly correct work rejected by the Architect has found to be defective District or which fails failing to conform to the requirements of the Contract Documents whether observed be- fore or after Substantial Completion and Documents, whether or not fabricated, installed installed, or completed. The Contractor Design/Builder shall bear all the costs of correcting such rejected Workwork, including additional testing and inspections required and compensation for the ArchitectDistrict's services and the State’s additional services expenses made necessary thereby.
13.2.2 If11.6.2 Notwithstanding Design/Builder’s Guarantee, within one year after in the Date event of Substantial Completion an emergency constituting an immediate hazard to the health or safety of District employees, property, or licensees, the District may undertake, at the Design/Builder’s expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the Design/Builder not being in accordance with requirements of the Contract Documents.
11.6.3 The Design/Builder shall remove from the Project site portions of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or that are not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination requirements of the Contract. The State shall give such notice promptly after discovery of Contract Documents and are neither corrected by the conditionDesign/Builder nor accepted by the District.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 11.6.4 If the Contractor Design/Builder fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2work, the State District may correct it the nonconforming work in accordance with Paragraph
13.2.5 District Remedies. If the Contractor Design/Builder does not proceed with the correction of such defective or non- conforming Work nonconforming work, within a reasonable such time fixed by written notice from the ArchitectDistrict, the State District may remove it and may store the all salvageable materials or articles and/or equipment at the expense of the Contractor. Design/Builder’s expense.
11.6.5 If the Contractor Design/Builder does not pay the cost all costs of such removal and storage within ten fourteen (14) days thereafterafter written notice, the State may District may, upon ten fourteen (14) additional days written notice notice, sell such Work materials articles and/or equipment at an auction or at private sale sale, and shall account for the net proceeds thereofproceeds, after deducting all the costs and damages that should would have been borne by the ContractorDesign/Builder, including compensation for the ArchitectDistrict's and the State’s additional services and expenses made necessary therebyby it. If such the proceeds of a sale do not cover all costs which that the Contractor should Design/Builder would have borne, the difference GMP shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor Design/Builder are not sufficient to cover such amount, the Contractor Design/Builder shall pay the difference to the StateDistrict.
13.2.6 11.6.6 The Contractor Design/Builder shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged work executed by such the District or separate contractors, whether fully completed or partially completed, which is caused by the Design/Builder’s correction or removalremoval of Work that is not in accordance with requirements of the Contract Documents.
13.2.7 11.6.7 Nothing contained in this Paragraph 13.2 paragraph, shall be construed to establish a period of limitation with respect to any other obligations that the Design/Builder might have in the Contract Documents. Establishment of the time period of two (2) year, Guarantee, relates only to the specific obligation of the Design/Builder to correct the Work, and has no relationship to the time within which the Contractor might have under theobligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design/Builder’s liability with respect to the Design/Builder’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Build Agreement
CORRECTION OF WORK. 13.2.1 The 18.1 If any portion of the Work is covered contrary to the Architect/Engineer's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's observation and be replaced at the Contractor's expense without change in the Contract Time.
18.1.1 If a portion of the Work has been covered which the Architect/Engineer has not specifically requested to observe prior to its being covered, the Architect/Engineer may request to see such work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless such condition was caused by the Owner, in which event the Owner shall be responsible for correcting all payment of such costs.
18.2 The Contractor shall promptly correct Work which rejected by the Architect has found to be defective Architect/Engineer or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor , and shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date of Substantial Completion of the correct any Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract DocumentsDocuments within a period of one year from the later of the issuance of a
18.3 The Contractor hereby grants to the Owner for a period of one (1) year following the date of final completion of the Work, its warranty of the quality and adequacy of all the Work including, without limitation, all labor, materials, and equipment provided by the Contractor and its Subcontractors of all tiers in connection with the Work. Upon completion of the Work, the Contractor shall correct it promptly after receipt of a written notice from assign or cause to be assigned to the State Owner all manufacturers' and other warranties with respect to do so unless all Work, including, without limitation, all materials and equipment which are to be incorporated into the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionProject premises.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 18.4 If the Contractor fails to correct defective or nonconforming non-conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within a reasonable time, the State Owner may correct it in accordance with Paragraph
13.2.5 it. If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by a written notice from the Architect/Engineer, the State Owner may remove it and may store the salvable materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost costs of such removal and storage within ten days thereafterafter written notice, the State Owner may upon ten additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Architect/Engineer's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs costs, which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the StateOwner.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 18.5 Nothing contained in this Paragraph 13.2 Article 18 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time periods of one year as described in Paragraphs 18.2 and 18.3 relate only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
18.6 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring removal and correction, in which case the Contract Sum will be reduced by an amount to be determined in the reasonable discretion of the Owner upon consultation with the Architect/Engineer. Such adjustment shall be effected whether or not final payment has been made.
Appears in 1 contract
Samples: Construction Contract
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct-the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder’s liability with respect to the Design Builder’s obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner’s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 1. The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Engineer as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s any additional inspection or testing services made necessary therebythere.
13.2.2 2. If, within one (1) year after the Date of Substantial Completion Final Acceptance of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentslaw, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so so, unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the this Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor3. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 herein shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents. The establishment of the time period of one (1) year after the Date of Final Acceptance or such longer period of time as may be prescribed by law relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his obligations other than his obligation specifically to correct the Work himself. Contractor’s liability to pay for the cost to remedy Work not done in accordance with the Contract Documents is not limited by this Subparagraph.
4. All materials not conforming to the requirements of the Specifications shall be considered as defective, and all such materials whether in place or not, shall be rejected and condemned and shall be immediately removed from the Work, unless otherwise permitted. No material which has been rejected, and the defects of which have been corrected or removed, shall be used until approval has been given by the Engineer. The Contractor shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected under Subparagraphs (1) & (2)(A) of Paragraph 15.02, unless removal is waived by the Owner.
Appears in 1 contract
Samples: Construction Contract
CORRECTION OF WORK. 13.2.1 11.6.1 The Contractor DBE shall be responsible for correcting all Work which promptly correct work rejected by the Architect has found to be defective District or which fails failing to conform to the requirements of the Contract Documents whether observed be- fore or after Substantial Completion and Documents, whether or not fabricated, installed installed, or completed. The Contractor DBE shall bear all the costs of correcting such rejected Workwork, including additional testing and inspections required and compensation for the ArchitectDistrict's services and the State’s additional services expenses made necessary thereby.
13.2.2 If11.6.2 Notwithstanding DBE’s Guarantee, within one year after in the Date event of Substantial Completion an emergency constituting an immediate hazard to the health or safety of District employees, property, or licensees, the District may undertake, at the DBE’s expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the DBE not being in accordance with requirements of the Contract Documents.
11.6.3 The DBE shall remove from the Project site portions of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or that are not in accordance with the requirements of the Contract Documents, and are neither corrected by the Contractor shall correct it promptly after receipt of a written notice from DBE nor accepted by the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the conditionDistrict.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 11.6.4 If the Contractor DBE fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2work, the State District may correct it the nonconforming work in accordance with Paragraph
13.2.5 District Remedies. If the Contractor DBE does not proceed with the correction of such defective or non- conforming Work nonconforming work, within a reasonable such time fixed by written notice from the ArchitectDistrict, the State District may remove it and may store the all salvageable materials or articles and/or equipment at the expense of the Contractor. DBE’s expense.
11.6.5 If the Contractor DBE does not pay the cost all costs of such removal and storage within ten fourteen (14) days thereafterafter written notice, the State may District may, upon ten fourteen (14) additional days written notice notice, sell such Work materials articles and/or equipment at an auction or at private sale sale, and shall account for the net proceeds thereofproceeds, after deducting all the costs and damages that should would have been borne by the ContractorDBE, including compensation for the ArchitectDistrict's and the State’s additional services and expenses made necessary therebyby it. If such the proceeds of a sale do not cover all costs which that the Contractor should DBE would have borne, the difference NTE Amount shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor DBE are not sufficient to cover such amount, the Contractor DBE shall pay the difference to the StateDistrict.
13.2.6 11.6.6 The Contractor DBE shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged work executed by such the District or separate contractors, whether fully completed or partially completed, which is caused by the DBE’s correction or removalremoval of Work that is not in accordance with requirements of the Contract Documents.
13.2.7 11.6.7 Nothing contained in this Paragraph 13.2 paragraph, shall be construed to establish a period of limitation with respect to any other obligations that the DBE might have in the Contract Documents. Establishment of the time period of two (2) year, Guarantee, relates only to the specific obligation of the DBE to correct the Work, and has no relationship to the time within which the Contractor might have under theobligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the DBE’s liability with respect to the DBE’s obligations other than specifically to correct the Work.
Appears in 1 contract
Samples: Design Build Agreement
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyinspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents, Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder’s liability with respect to the Design Builder’s obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner’s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 A. The Contractor shall be responsible for correcting promptly correct all Work which rejected by the Architect has found to be Engineer as defective or which fails as failing to conform to the Contract Documents whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s any additional inspection, or testing services made necessary thereby.
13.2.2 B. If, within one (1) year after the Date of Substantial Completion Final Acceptance of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment Work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentslaw, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so so, unless the State Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the this Contract. The State Owner shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 C. Nothing contained in this Subparagraph (2) of Paragraph 13.2 15.02 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under thethe Contract Documents, including Paragraph 8.04 hereof. The establishment of the time period of one (1) year after the Date of Final Acceptance or such longer period of time as may be prescribed by law relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his obligations other than his obligation specifically to correct the Work himself. Contractor’s liability to pay for the cost to remedy Work not done in accordance with the Contract Documents is not limited by the Subparagraph (2) of Paragraph 15.02.
3. All materials not conforming to the requirements of the Specifications shall be considered as defective, and all such materials whether in place or not, shall be rejected and condemned and shall be immediately removed from the Work, unless otherwise permitted. No material which has been rejected, and the defects of which have been corrected or removed, shall be used until approval has been given by the Engineer. The Contractor shall remove from the site all portions of the Work which are defective or nonconforming and which have not been corrected under Paragraph 8.04 and Subparagraphs (1) & (2)(A) of Paragraph 15.02 unless removal is waived by the Owner.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 9.1 The Contractor Design Builder shall be responsible for correcting all promptly correct Work which rejected by the Architect has found Owner or known by the Design Builder to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor Design Builder shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional testing and the State’s additional services made necessary therebyInspections.
13.2.2 9.2 If, within one (1) year after the Date date of Substantial Completion of the Work or designated portion thereof or within one year or, after acceptance by the State date for commencement of designated equipment or within such longer period of time as may be prescribed by law warranties established in a written agreement between the Owner and the Design Builder, or by the terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor Design Builder shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor Design Builder a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 9.3 Nothing contained in this Paragraph 13.2 Article 9 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor Design/Builder might have under thethe Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 9.2 relates only to the specific obligation of the Design Builder to correct the Work, and has no relationship to the time within which proceedings may be commenced to establish the Design Builder’s liability with respect to the Design Builder’s obligations other than specifically to correct the Work.
9.4 If the Design Builder fails to correct nonconforming Work as required or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an Agent specifically so empowered by the Owner in writing, may order the Design Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the Owner’s right to stop the Work shall not give rise to a duty on the part of the Owner to exercise the right for benefit of the Design Builder or other persons or entities.
9.5 If the Design Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may give a second written notice to the Design Builder and, fourteen (14) days following receipt by the Design Builder of that second written notice and without prejudice to other remedies the Owner may have, correct such deficiencies. in such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design Builder, the costs of correcting such deficiencies. If the payments then or thereafter due the Design Builder are not sufficient to cover the amount of the deduction, the Design Builder shall pay the difference to the Owner. Such action by the Owner shall be subject to dispute resolution procedures as provided in Article 10.
Appears in 1 contract
CORRECTION OF WORK. 13.2.1 The Contractor shall be responsible for correcting all promptly correct Project Work which rejected by the Program Manager or Architect has found to be defective or which fails failing to conform to the requirements of the Contract Documents Documents, whether observed be- fore before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Workwork, including additional testing and inspections and compensation for the Program Manager's and Architect's services and the State’s additional services expenses made necessary thereby.
13.2.2 If, within one year after the Date date of Substantial Completion of the Project Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documentsthereof, any of the Project Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State Owner to do so unless the State Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Project Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the work. This obligation under this Subparagraph 13.2.2 shall survive acceptance of the Project Work under the Contract and termination of the Contract. The State Owner shall give such notice promptly after discovery of the condition. The Owner and Contractor agree to attend at the Project site, eleven months after Substantial Completion, and a one-year walkthrough to determine any warranty deficiencies to be remedied within 30 days by Contractor.
13.2.3 The Contractor shall remove from the Project site all portions of the Project Work which are defective or non-conforming not in accordance with the requirements of the Contract Documents and which have not been are neither corrected under Subparagraphs 4.5.1, 13.2.1 andby the Contractor nor accepted by the Owner.
13.2.4 If the Contractor fails to correct defective or commence correction of nonconforming Project Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2within 10 days after receipt of written notice, the State Owner may correct it in accordance with Paragraph
13.2.5 If Paragraph 3.3, and the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State Owner may remove it the nonconforming Project Work and may store the salvagable materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay the cost costs of such removal and storage within ten days thereafterafter written notice, the State Owner may upon ten additional days days' written notice sell such Work materials and equipment at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and damages that should have been borne by the Contractor, including compensation for the Program Manager's and Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference Contract Sum shall be charged to reduced by the Contractor and an appropriate Change Order shall be issueddeficiency. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall immediately pay the difference to the StateOwner.
13.2.6 The 13.2.5 Subject to insurance of property damage provided under this Agreement, the Contractor shall bear the cost of making good all work of the State or separate contractors correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or Other Contractors caused by such the Contractor's correction or removalremoval of Project Work which is not in accordance with the requirements of the Contract Documents.
13.2.7 13.2.6 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation obligations which the Contractor might have under thethe Contract Documents. Establishment of the time period of one year as described in Subparagraph 13.2.2 relates only to the specific obligation of the Contractor to correct the Project Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Project Work.
Appears in 1 contract
Samples: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /De)
CORRECTION OF WORK. 13.2.1 A. The Contractor shall be responsible for correcting all re-execute any Work which the Architect has found to be defective or which that fails to conform to the requirements of the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs any defective Work that appears during the progress of correcting such rejected the Work, including compensation for and shall remedy any defects due to faulty materials or workmanship which appear within a period of one
(1) year from the Architect's and the State’s additional services made necessary thereby.
13.2.2 If, within one year after the Date date of Substantial Completion completion of the Work Contract or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law Laws or Regulations or by the terms of any applicable special warranty guarantee required by the Contract Documents or by any specific provision of the Contract Documents. The provisions of this article apply to Work done by direct employees of the Contractor, and by Subcontractors as well.
B. Nothing herein, in the Agreement, or any of the Work is found to other Contract Documents shall be defective construed as a waiver, modification, or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition.
13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and
13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph
13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense alteration of the Contractor's or its surety's obligations under LSA-R.S. 38:2189. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State.
13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal.
13.2.7 Nothing contained in this Paragraph 13.2 section or any other provision in the General Conditions or other Contract Documents concerning any correction period shall be construed to establish a period of limitation with respect to any other obligation which Contractor has under the Contract Documents. The establishment of time periods relates only to the specific obligations of Contractor might to correct the Work, and has no relationship to the time within which Contractor's obligations under the Contract Documents may be sought to be enforced, nor to the time within which the proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work.
C. If Contractor does not promptly comply with the terms hereof, or in an emergency where delay would cause serious risk of loss or damage, Owner may have under thethe defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
Appears in 1 contract