Common use of After Substantial Completion Clause in Contracts

After Substantial Completion. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. The period for the correction of Work shall be extended by corrective Work performed by the Contractor but only as to the corrected Work. If and whenever a latent defect, that is, a defect which exists in the Work that was not and would not normally be revealed, discovered or located before the end of the correction period stated in this section, becomes apparent, Owner shall, as promptly as practical, notify the Contractor of the latent defect, the latent defect shall be deemed to have occurred within the correction period stated in this section, and the Contractor shall be responsible for the correction and/or payment of the costs to correct the latent defect as stated in this section, which costs shall solely be borne by the Contractor. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 Defective work corrected by the Contractor shall be warranted for an additional period of one (1) year from the date of the Owner’s acceptance of the Contractor’s corrections.

After Substantial Completion. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of written notice from the Owner or Architect, the Owner may correct it the Work as provided in 12.2.2.1. 1. Nothing contained in this Section 12.2 is intended to limit or modify any obligations under the law or under the Contract Documents, including any warranty obligations, expressed, or implied. § 12.2.2.1.1 If the Contractor fails to perform the corrective Work, then Owner may perform corrective Work, at Contractor’s cost. If Owner performs corrective Work, then Owner may also remove nonconforming Work and store the salvageable materials or equipment at Contractor’s expense. If the Contractor does not pay all costs incurred by Owner within ten (10) days after written notice, then Owner may, upon ten (10) additional days’ written notice, sell the removed materials and equipment in accordance with Section 2.5. The period Owner’s policies, and shall account for the correction of Work shall be extended by corrective Work performed by the Contractor but only as to the corrected Work. If proceeds thereof, after deducting costs and whenever a latent defect, damages that is, a defect which exists in the Work that was not and would not normally be revealed, discovered or located before the end of the correction period stated in this section, becomes apparent, Owner shall, as promptly as practical, notify the Contractor of the latent defect, the latent defect shall be deemed to should have occurred within the correction period stated in this section, and the Contractor shall be responsible for the correction and/or payment of the costs to correct the latent defect as stated in this section, which costs shall solely be been borne by the Contractor, including compensation for the Architect’s services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, then the Contractor shall pay the difference to the Owner. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 Defective work The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2 but only as to the correction work. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction by the Owner or § 12.2.5 Nothing contained in this Section 12.2 shall be warranted for an additional construed to establish a period of one (1) year from limitation with respect to other obligations the date Contractor has under the Contract Documents. Establishment of the Owner’s acceptance one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the § 12.2.6 Contractor shall replace, repair, or restore any parts of the Project or furniture, fixtures, equipment, or other items placed therein (whether by Owner or any other party) that are destroyed or damaged by any such parts of the Work that do not conform to the requirements of the Contract Documents or by defects in the Work.” § 12.2.7 The provisions of this Section 12.2 apply to Work done by Subcontractors of the Contractor as well as Work done directly by employees of the Contractor’s corrections. The provision for this Section 12.2.7 shall not apply to corrective work attributable solely to the acts or omissions of any separate contractor of Owner (unless Contractor is acting in such capacities). The cost to Contractor of performing any of its obligations under this Section 12.2.7 to the extent not covered by insurance shall be borne by Contractor. § 12.2.8 If, however, Owner and Contractor deem it inexpedient to require the correction of Work damaged or not done in accordance with the Contract Documents, then an equitable deduction from the Contract Sum shall be made by written agreement between Contractor and Owner. Until such settlement, Owner may withhold such sums as Owner deems just and reasonable from moneys, if any, due Contractor. The settlement shall not be unreasonably delayed by the Owner and the amount of money withheld shall be based on estimated actual cost of the correction to Owner.

After Substantial Completion. § 12.2.2.1 In addition Lender shall cause the Net Casualty Proceeds from any casualty loss affecting the Mortgaged Property to be disbursed for the cost of reconstruction of the Mortgaged Property if all of the following conditions are satisfied within ninety (90) days after the applicable casualty loss: (A) Borrower satisfies Lender that the reconstruction can be completed within a reasonable period of time after such casualty loss (but in no event later than the Maturity Date) and that after giving effect to such reconstruction the Mortgaged Property will be restored to its condition immediately prior to the Contractor’s obligations under Section 3.5casualty loss; (B) Borrower satisfies Lender that the Net Casualty Proceeds are sufficient to pay all costs of reconstruction, ifand if insufficient, within one year after Borrower deposits with Lender additional funds to make up such insufficiency; and (C) Borrower delivers to Lender all plans and specifications and construction contracts for the date work of Substantial Completion reconstruction and such plans and specifications and construction contracts are in form and content acceptable to Lender and with a contractor acceptable to Lender. The disbursement of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found Net Casualty Proceeds pursuant to this clause (iv) shall be not in accordance with customary disbursement procedures and shall not be available after the requirements occurrence and during the continuance of a Default. Any Net Casualty Proceeds not required to reconstruct the Mortgaged Property shall be delivered to Borrower after expiration of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. The lien period for the correction work of Work shall be extended by corrective Work performed reconstruction (or, at Borrower’s option, after delivery of title insurance to Lender, over such liens where the lien period has not so expired). Upon the occurrence and during the continuance of a Default or in the event Borrower is unable to satisfy the conditions set forth in subclauses (A) through (D) hereof by the Contractor required date, Lender, shall have the right (but only as not the obligation) to apply all Net Casualty Proceeds held by it to the corrected Work. If and whenever a latent defect, that is, a defect which exists in the Work that was not and would not normally be revealed, discovered or located before the end of the correction period stated in this section, becomes apparent, Owner shall, as promptly as practical, notify the Contractor of the latent defect, the latent defect shall be deemed to have occurred within the correction period stated in this section, and the Contractor shall be responsible for the correction and/or payment of the costs Obligations. Borrower shall have the obligation to correct promptly and diligently complete the latent defect as stated in this section, which costs shall solely be borne work of reconstruction necessitated by any casualty loss and restore the ContractorMortgaged Property to the equivalent of its condition immediately prior to such casualty provided the applicable Net Casualty Proceeds are made available to Borrower for such purpose. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 Defective work corrected by the Contractor shall be warranted for an additional period of one (1) year from the date of the Owner’s acceptance of the Contractor’s corrections.

After Substantial Completion. § 70 12.2.2.1 In addition to the Contractor’s 's obligations under Section Paragraph 3.5, if, within one year two-years after the date of Substantial Completion of the Work or designated portion thereof thereof, or after the date for commencement of warranties established under Section Subparagraph 9.9.1, or by terms of any an applicable special warranty required by the Contract Documents, any of the Work is found to This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Mohave Community Colleges requested such use. MCC pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so, so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During this warrantee period, if any faulty or defective materials or workmanship is discovered, the Owner will provide notice to the Contractor requesting the Contractor repair or remedy the defect at 5 the sole expense of the Contractor. During the one-year two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner does not waives the rights right to require correction by the Contractor and or to make a claim for breach of warranty. . .1 The Contractor agrees that he shall respond to the warranty request within forty-eight (48) hours, and then commence and .2 If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from timely commence the Owner or Architectcorrective work, the Owner Owner, at his option, may correct it in accordance with Section 2.5. The period for perform the correction of Work shall be extended by corrective Work performed by the Contractor but only as to the corrected Work. If and whenever a latent defect, that is, a defect which exists in the Work that was not and would not normally be revealed, discovered work or located before the end of the correction period stated in this section, becomes apparent, Owner shall, as promptly as practical, notify the Contractor of the latent defect, the latent defect shall be deemed to have occurred within the correction period stated in this section, and the Contractor shall be responsible for the correction and/or payment of the costs to correct the latent defect as stated in this section, which costs shall solely be borne by the Contractor.have § 12.2.2.2 The one-one year two- year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion performance of the Work., or for a 20 period of six months after completion of the corrective work, whichever is longer. During this warrantee period, if any faulty or defective § 12.2.2.3 Defective work corrected The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor shall be warranted for an additional period of one (1) year from the date of the Owner’s acceptance of the Contractor’s corrections.pursuant to