Common use of Disclosure of Known Faults or Defects Clause in Contracts

Disclosure of Known Faults or Defects. If the Owner has actual knowledge of any material fault or defect in the Work or non-conformance with the Drawings and Project Manual, Owner shall give prompt written notice thereof to the Contractor. However, Owner’s failure to notify Contractor of such fault or defect shall not relieve Contractor from any of its liability related to such fault or defect if such fault or defect should, in the exercise of the Contractor’s Standard of Care, have been observed by Contractor.