Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@Risk’s own expense. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk shall bear such costs to uncover, remove and replace or repair such defective work and re-cover the work. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or not. This obligation of CM@Risk shall continue for a period of two (2) years from the date of Substantial Completion. Nothing in this section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.8.4 CM@Risk, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event CM@Risk fails to commence the necessary corrective steps within seven (7) days of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period commence to correct or cause the correction of such nonconforming Work with its own or other forces. CM@Risk shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 applies only to the CM@Risk’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s other obligations under the Contract Documents. CM@Risk acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@Risk’s own expense. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk shall bear such costs to uncover, remove and replace or repair such defective work and re8.2.1 Design-cover the work. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk Builder agrees to promptly correct any Work that is found to not to be in conformance with the Contract Documents, whether previously inspected by including that part of the Owner’s representatives or not. This obligation of CM@Risk shall continue for Work subject to Section 8.1, within a period of two one (21) years year from the date of Substantial Completion. Nothing Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this section shall waive any other rights or remedy that the Owner may have under Arizona lawArticle 8. 2.8.4 CM@Risk8.2.2 Design-Builder shall, upon within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any damage caused to any other parts of the Work affected damaged by the such nonconforming Work. In the event CM@Risk If Design-Builder fails to commence the necessary corrective steps within such seven (7) days of the NoticeDay period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period provide Design-Builder with written notice that Owner will commence to correct or cause the assume correction of such nonconforming Work and repair of such damaged Work with its own or other forcesresources. CM@Risk If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs and expenses that incurred by Owner incurs in remedying any such Work not in conformance with performing the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk of its intent to make such corrections at or before the commencement of the corrective workcorrection. 2.8.5 The two-year warranty period referenced in Section 2.7 applies only to the CM@Risk’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s other obligations under the Contract Documents. CM@Risk acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.8.1 2.16.1 If any portion of the Work is covered over by CM@Risk Contractor or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@RiskContractor’s own expense. 2.8.2 2.16.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk Contractor shall bear such costs to uncover, uncover and remove and replace or repair such defective work and re-cover the workrepair. 2.8.3 2.16.3 Unless a specific written waiver of such non-conformance has been provided to the CM@RiskContractor, CM@Risk Contractor agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or not. This obligation of CM@Risk Contractor shall continue for a period of two (2) years from the date of Substantial Completion. Nothing in this section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.8.4 CM@Risk2.16.4 Contractor, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event CM@Risk Contractor fails to commence the necessary corrective steps within seven (7) days of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period commence to correct or cause the correction of such nonconforming Work with its own or other forces. CM@Risk Contractor shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk Contractor of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 2.16.5 The two-year two-(2)year warranty period referenced in Section 2.7 2.15 applies only to the CM@RiskContractor’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@RiskContractor’s other obligations under the Contract Documents. CM@Risk Contractor acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@Risk’s own expense. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk shall bear such costs to uncover, uncover and remove and replace or repair such defective work and re-cover the workrepair. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or not. This obligation of CM@Risk shall continue for a period of two (2) years from the date of Substantial Completion. Nothing in this section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.8.4 CM@Risk, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event CM@Risk fails to commence the necessary corrective steps within seven (7) days of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period commence to correct or cause the correction of such nonconforming Work with its own or other forces. CM@Risk shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 applies only to the CM@Risk’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s other obligations under the Contract Documents. CM@Risk acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional DP or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Ownerstandards, that Work or portion thereof it must be promptly uncovered for observation at the CM@Risk’s own expense▇▇▇▇’▇ expense if requested by the DP or Owner in writing. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design ProfessionalDP, the Owner or others, prior to being covered, has been covered over, the Design Professional DP or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change ordera Change Order. If such portion of the Work is found not to be in compliance accordance with the requirements of the Contract Documents, the CM@Risk ▇▇▇▇ shall bear such costs to uncover, remove and replace or repair such defective work and re-cover the workcosts. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk ▇▇▇▇ agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or notnot unless a specific written waiver of such non- conformance has been provided to the ▇▇▇▇ by the Owner. This obligation of CM@Risk shall continue for a period of two (2) years from the date of Substantial CompletionCompletion of the entire Work and if the Project is done in phases or portions Substantial Completion of the last phase or portion as determined by the Contract Documents. Nothing in this section Section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.8.4 CM@Risk▇▇▇▇, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event CM@Risk If ▇▇▇▇ fails to commence the necessary corrective steps within seven (7) days of the Noticedays, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period provide ▇▇▇▇ with notice that Owner will commence to correct or cause the correction of such nonconforming Work with its own or other forces. CM@Risk ▇▇▇▇ shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s its sole discretion, discretion any of its own staff time costs and all Design Professional DP or other fees incurred. Owner will notify CM@Risk ▇▇▇▇ of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 2.7.1 applies only to the CM@Risk’s ▇▇▇▇’▇ obligation to correct Work not in compliance conformance with the Construction Documents, Documents and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s ▇▇▇▇’▇ other obligations under the Contract DocumentsDocuments or under applicable law. CM@Risk ▇▇▇▇ acknowledges that, for purposes of statutes statues of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional DP or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Ownerstandards, that Work or portion thereof it must be promptly uncovered for observation at the CM@Risk’s own expense▇▇▇▇’▇ expense if requested by the DP or Owner in writing. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design ProfessionalDP, the Owner or others, prior to being covered, has been covered over, the Design Professional DP or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change ordera Change Order. If such portion of the Work is found not to be in compliance accordance with the requirements of the Contract Documents, the CM@Risk CMAR shall bear such costs to uncover, remove and replace or repair such defective work and re-cover the workcosts. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk ▇▇▇▇ agrees to promptly correct any Work that is found not to be in conformance with the Contract Documents, whether previously inspected by the Owner’s representatives or notnot unless a specific written waiver of such non- conformance has been provided to the CMAR by the Owner. This obligation of CM@Risk shall continue for a period of two (2) years from the date of Substantial CompletionCompletion of the entire Work and if the Project is done in phases or portions Substantial Completion of the last phase or portion as determined by the Contract Documents. Nothing in this section Section shall waive any other rights or remedy that the Owner may have under Arizona law. 2.8.4 CM@Risk▇▇▇▇, upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to any other parts of the Work affected by the nonconforming Work. In the event CM@Risk If CMAR fails to commence the necessary corrective steps within seven (7) days of the Noticedays, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period provide CMAR with notice that Owner will commence to correct or cause the correction of such nonconforming Work with its own or other forces. CM@Risk CMAR shall be responsible for all costs and expenses that Owner incurs in remedying any such Work not in conformance with the Contract Documents, including at Owner’s its sole discretion, discretion any of its own staff time costs and all Design Professional DP or other fees incurred. Owner will notify CM@Risk CMAR of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 2.7.1 applies only to the CM@Risk’s ▇▇▇▇’▇ obligation to correct Work not in compliance conformance with the Construction Documents, Documents and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s ▇▇▇▇’▇ other obligations under the Contract DocumentsDocuments or under applicable law. CM@Risk ▇▇▇▇ acknowledges that, for purposes of statutes statues of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.