Common use of After Final Completion Clause in Contracts

After Final Completion. §12.2.2.1 In addition to Contractor’s obligations under Section 3.5, if, within one year after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties established herein, or by terms of an applicable special warranty required by the Contract Documents, or within such longer period of time as may be prescribed by law or in equity, any of the Work is found to be defective or otherwise not in accordance with the requirements of the Contract Documents, either Owner may correct the Work and charge the costs back to Contractor, or Contractor shall correct it promptly at Contractor’s expense after receipt of written notice from Owner to do so unless Owner, with knowledge of the defective or non-conforming condition, has previously given §12.2.2.2 Corrective work shall be warranted to be free from defects for the longer of (1) a period of twelve (12) months after the completion of the corrective work, (2) any period specified in the original warranty on such work, (3) any period specified by manufacturer’s warranty, or (4) any period that may be prescribed by law or equity. Any defect in such corrective work shall be corrected again by Contractor promptly upon notice of the defect from Owner. The obligation under this Paragraph §12.2.3 Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Owner. §12.2.4 Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of Owner or separate contractors caused by Contractor’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents.

Appears in 1 contract

Sources: Services Agreement

After Final Completion. §12.2.2.1 In addition to Contractor’s obligations under Section 3.5, if, within one year after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties established herein, or by terms of an applicable special warranty required by the Contract Documents, or within such longer period of time as may be prescribed by law or in equity, any of the Work is found to be defective or otherwise not in accordance with the requirements of the Contract Documents, either Owner may correct the Work and charge the costs back to Contractor, or Contractor shall correct it promptly at Contractor’s expense after receipt of written notice from Owner to do so unless Owner, with knowledge of the defective or non-conforming condition, has previously givengiven Contractor a written acceptance of such condition. Owner shall give such notice promptly after discovery of the condition. §12.2.2.2 [DELETED] §12.2.2.3 Corrective work shall be warranted to be free from defects for the longer of (1) a period of twelve (12) months after the completion of the corrective work, (2) any period specified in the original warranty on such work, (3) any period specified by manufacturer’s warranty, or (4) any period that may be prescribed by law or equity. Any defect in such corrective work shall be corrected again by Contractor promptly upon notice of the defect from Owner. The obligation under this Paragraph §12.2.3 Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Owner. §12.2.4 Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of Owner or separate contractors caused by Contractor’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents.

Appears in 1 contract

Sources: Services Agreement