Deficiency in Work of Separate Contractors. If part of the Design/Builder's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Design/Builder shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by the Design/Builder. The Design/Builder and the Separate Contractor shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto. Failure of the Design/Builder so to report shall constitute acceptance by the Design/Builder of the work of Separate Contractors as fit and proper to receive the Design/Builder's Work (except as to those defects or discrepancies that are not apparent), but only to the extent that the Owner is unable to recover against the Separate Contractor damages of the Design/Builder on account of such condition, as set forth below.
Deficiency in Work of Separate Contractors. If part of the Design-Builder's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Design-Builder shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by the Design-Builder. The Design-Builder and the Separate Contractor shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto. Failure of the Design-Builder so to report shall constitute acceptance by the Design-Builder of the work of Separate Contractors as fit and proper to receive the Design-Builder's Work.
Deficiency in Work of Separate Contractors. If part of the Design-Builder's Work depends on proper execution or results upon construction or operations by the City or a Separate Contractor, the Design-Builder shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the City apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by the Design-Builder. The Design-Builder shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto with the Separate Contractors. Failure of the Design-Builder to report shall constitute acceptance by the Design- Builder of the work of Separate Contractors as fit, proper, and coordinated with the Design-Builder's Work. If such deficiencies were not reasonably apparent such as to provide the City with a cause of action against the Separate Contractor, Design-Builder shall accept City’s assignment of that cause of action.
Deficiency in Work of Separate Contractors. If to properly execute a portion of the Work, the Design/Builder depends upon the construction or operations by the Village or a Separate Contractor, the Design/Builder shall, prior to proceeding with that portion of the Work, promptly report to the Village apparent discrepancies or defects in such other construction that renders it unsuitable for proper execution Design/Builder Work. The Parties shall resolve in good faith any such discrepancies or defects or any disagreements relating thereto. Failure of the Design/Builder to so report shall constitute a representation by the Design/Builder to the Village that the Village's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Design/Builder's Work. However, although such representation constitutes a waiver of any rights of Design/builder against the Village for discrepancies or defects in such Separate Contractor's work, such representation shall not constitute a waiver of any rights of the Design/Builder against such Separate Contractor as a result of such discrepancies or defects.
