Common use of Duty to Correct Clause in Contracts

Duty to Correct. In light of the above stated Design-Builder’s warranty and guarantee, during the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the Design-Builder until and unless the Design-Builder can show abuse or design defect. The Design-Builder shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Program Manager, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.

Duty to Correct. In light of the above stated Design-Builder’s warranty and guarantee, during the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the Design-Builder until and unless the Design-Builder can show abuse or design defect. The Design-Builder shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Program ManagerExecutive Administrator, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.