Common use of Notice of Warranty/Guaranty Complaint Items Clause in Contracts

Notice of Warranty/Guaranty Complaint Items. The CM/GC, Design Professional, Owner, and Using Agency acknowledge that many malfunctions in building equipment and systems do not constitute Non-Complying or defective Work as contemplated in Article 6.6.1 above. Accordingly, the Owner and Using Agency may provide notice of such apparent warranty work by a Warranty Complaint letter, sent by statutory mail or facsimile to the CM/GC. The letter should outline, in non-technical language, the complaint item. In emergency situations, the initial notification may be oral to a person or office designated by the CM/GC. The CM/GC shall respond promptly to all such notices. Duty to Correct. In light of the above stated CM/GC’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 CM/GC until and unless the CM/GC can show abuse or design defect. The CM/GC 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 Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency. Initial Response. When the Using Agency, the Owner, or the Design Professional notifies the CM/GC of a defect, the CM/GC will visit the site to review the complaint within five (5) days and shall promptly correct the Work. If the CM/GC fails to respond within this time limit, the Owner may correct the defect or malfunction and charge the CM/GC for the Work. The CM/GC shall give notice in writing to the Owner when corrections have been completed.