Common use of General Warranty and Correction of Work Clause in Contracts

General Warranty and Correction of Work. (a) In addition to any other warranties contained in the Contract Documents, EPC Contractor warrants to Owner and its successors or assigns to the Project that all materials and equipment furnished by EPC Contractor in performance of the Work will be new, that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards shall be considered defective and corrected by EPC Contractor at no cost to Owner (“Defective Work”). (b) EPC Contractor shall promptly correct all Defective Work to the standards of this Agreement and the Contract Documents whether observed before or after the Completion Date and whether or not fabricated, installed or completed. EPC Contractor shall bear all costs of correcting such Defective Work. (c) If, within one (1) year from Mechanical Completion of the Work any of the Work is found to be defective and not in accordance with the Contract Documents, EPC Contractor shall correct it promptly upon receipt of a written notice to do so from Owner or any successor or assign of Owner. (d) If EPC Contractor fails to correct Defective Work in accordance herewith and the Contract Documents, Owner or its successor or assign may correct it and hold EPC Contractor liable for all costs, expenses and damages, including redesign fees, attorney’s fees and litigation costs incurred by any of them in correcting it. (e) In addition to the foregoing warranty, if any Defective Work in material or workmanship is discovered during the warranty period, a warranty period of one (1) additional year shall apply to workmanship, material and equipment under the same terms and conditions as the original warranty, to any work, supplied in correction of the Defective Work under warranty pursuant to the provisions of this Section 14.3 and EPC Contractor shall assign to Owner or its successor or assign any warranties, including extended warranties, as to materials or designs furnished in the performance of such correction of Defective Work. Such warranty period shall commence on the date Owner or its successors or assigns accepts the corrective work of EPC Contractor.

Appears in 3 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (LSB Industries Inc), Engineering, Procurement and Construction Agreement (LSB Industries Inc)

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General Warranty and Correction of Work. (a) In addition to any other warranties contained in the Contract Documents, EPC Contractor warrants to Owner and its successors or assigns to the Project that all materials and equipment furnished by EPC Contractor in performance of the Work will be new, that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards shall be considered defective and corrected by EPC Contractor at no cost to Owner (“Defective Work”). (b) EPC Contractor shall promptly correct all Defective Work to the standards of this Agreement and the Contract Documents whether observed before or after the Completion Date and whether or not fabricated, installed or completed. EPC Contractor shall bear all costs of correcting such Defective Work. (c) If, within one (1) year from Mechanical Completion of the Work any of the Work is found to be defective and not in accordance with the Contract Documents, EPC Contractor shall correct it promptly upon receipt of a written notice to do so from Owner or any successor or assign of Owner. (d) If EPC Contractor fails to correct Defective Work in accordance herewith and the Contract Documents, Owner or its successor or assign may correct it and hold EPC Contractor liable for all costs, expenses and damages, including redesign fees, attorney’s fees and litigation costs incurred by any of them in correcting it. (e) In addition to the foregoing warranty, if any Defective Work in material or workmanship is discovered during the warranty period, a warranty period of one (1) additional year shall apply to workmanship, material and equipment under the same terms and conditions as the original warranty, to any work, supplied in correction of the Defective Work under warranty pursuant to the provisions of this Section 14.3 and EPC Contractor shall assign to Owner or its successor or assign any warranties, including extended warranties, as to materials or designs furnished in the performance of such correction of Defective Work. Such warranty period shall commence on the date Owner or its successors or assigns accepts the corrective work of EPC Contractor.

Appears in 2 contracts

Samples: Construction Agreement (LSB Industries Inc), Construction Agreement (LSB Industries Inc)

General Warranty and Correction of Work. (a) In addition to any other special guarantees or warranties contained in the Contract Documents, EPC the Contractor warrants to the Owner and its successors or assigns to the Project that all materials and equipment furnished by EPC Contractor in performance of the Work will be newnew unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work work not so conforming to these standards shall be considered defective and corrected by EPC Contractor at no cost to Owner (“Defective Work”). (b) EPC defective. The Contractor shall promptly correct all Defective defective Work to the standards of this Agreement and comply with the Contract Documents whether observed before or after the Completion Date substantial completion date and whether or not fabricated, installed or completed. EPC The Contractor shall bear all costs of correcting such Defective defective Work. (c) . If, within one (1) year from Mechanical Completion after the substantial completion date, or within such longer period of time as may be prescribed by law or by the Work terms of any applicable special guarantee or warranty required by the Contract Documents, any of the Work is found to be defective and not in accordance with the Contract Documents, EPC the Contractor shall correct it promptly upon after receipt of a written notice from the Owner or the Architect to do so so. All defective or non-conforming Work shall be removed from Owner the site of the Work if necessary, and the Work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor also shall bear the cost of making good all work of other contractors destroyed or any successor damaged by removal or assign correction of Owner. (d) the defective Work of Contractor. If EPC the Contractor fails to timely and properly correct Defective Work in accordance herewith and defective Work, the Contract Documents, Owner or its successor or assign may correct it and hold EPC the Contractor liable for all costs, expenses and damages, including redesign fees, attorney’s fees and litigation costs incurred by any of them Owner in correcting it. (e) . In addition to the foregoing warranty, if any Defective Work in material or workmanship is discovered during the warranty period, a warranty period of one (1) additional year shall apply to workmanship, material and equipment under the same terms and conditions as the original warranty, to any work, supplied in correction of the Defective Work defective work under warranty pursuant to the provisions of this Section 14.3 18.04 and EPC the Contractor shall assign to the Owner or its successor or assign any warranties, including extended warranties, as to materials or designs furnished which are available in connection with the performance of such correction of Defective defective Work. Such The warranty period shall commence on the date the Owner or its successors or assigns accepts the corrective work Work of EPC the Contractor. RIGHT OF THE OWNER TO DO WORK Right of the Owner to do Work. If the Contractor should neglect to prosecute the Work properly or fails to do anything required by the Contract Documents, and the Owner does not receive assurances from the Contractor of due performance reasonably satisfactory to the Owner within seven (7) days after written demand is made, then the Owner may, without prejudice to any other remedy it may have under this Agreement or at law or in equity, make good any deficiencies in the Work, including, but not limited to, supplementing the forces of the Contractor and deduct all costs of doing so from the payment then due or thereafter due the Contractor. The Owner shall not be required to give multiple notices to the Contractor in order to exercise its rights under this section.

Appears in 1 contract

Samples: Lump Sum Construction Agreement

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General Warranty and Correction of Work. (a) In addition to any other special guarantees or warranties contained in the Contract Documents, EPC the Contractor warrants to the Owner and its successors or assigns to the Project that all materials and equipment furnished by EPC Contractor in performance of the Work will be newnew unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work work not so conforming to these standards shall be considered defective and corrected by EPC Contractor at no cost to Owner (“Defective Work”)defective. (b) EPC The Contractor shall promptly correct all Defective defective Work to the standards of this Agreement and comply with the Contract Documents whether observed before or after the Completion Date substantial completion date and whether or not fabricated, installed or completed. EPC The Contractor shall bear all costs of correcting such Defective defective Work. (c) If, within one (1) year from Mechanical Completion after the substantial completion date, or within such longer period of time as may be prescribed by law or by the Work terms of any applicable special guarantee or warranty required by the Contract Documents, any of the Work is found to be defective and not in accordance with the Contract Documents, EPC the Contractor shall correct it promptly upon after receipt of a written notice from the Owner, or the Engineer, to do so from Owner or any successor or assign of Ownerso. (d) All defective or non-conforming Work shall be removed from the site of the Work if necessary, and the Work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor also shall bear the cost of making good all work of other contractors destroyed or damaged by removal or correction of the defective Work of Contractor. (e) If EPC the Contractor fails to timely and properly correct Defective Work in accordance herewith and defective Work, the Contract Documents, Owner or its successor or assign may correct it and hold EPC the Contractor liable for all costs, expenses and damages, including redesign fees, attorney’s fees and litigation costs incurred by any of them Owner in correcting it. (ef) In addition to the foregoing warranty, if any Defective Work in material or workmanship is discovered during the warranty period, a warranty period of one (1) additional year shall apply to workmanship, material and equipment under the same terms and conditions as the original warranty, to any work, supplied in correction of the Defective Work defective work under warranty pursuant to the provisions of this Section 14.3 17.04 and EPC the Contractor shall assign to the Owner or its successor or assign any warranties, including extended warranties, as to materials or designs furnished which are available in connection with the performance of such correction of Defective defective Work. Such The warranty period shall commence on the date the Owner or its successors or assigns accepts the corrective work Work of EPC the Contractor.

Appears in 1 contract

Samples: Lump Sum Construction Contract

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