Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government Approvals. 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Department or the QA Manager that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Department, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Department will commence correction of such nonconforming Work with its own forces. If Department does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Department in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in Section 2.10.1 above applies only to Design- Builder’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Department may have regarding Design-Builder’s other obligations under the Contract Documents.

Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government ApprovalsDocuments. 2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Department or the QA Manager Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, DepartmentOwner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Department Owner will commence correction of such nonconforming Work with its own forces. If Department Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Department Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in Section 2.10.1 above applies only to Design- Design-Builder’s 's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Department Owner may have regarding Design-Builder’s 's other obligations under the Contract Documents.. Article 3

Correction of Defective Work. 2.10.1 2.15.1 Design-Builder Build Subcontractor agrees to correct any of the Work that is found not to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 2.14 hereof, within a period of one (1) year from the date of Final Acceptance Substantial Completion of the Work or any portion of the entire Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents or applicable Legal Requirements or Government ApprovalsDocuments. 2.10.2 2.15.2 Design-Builder Build Subcontractor shall, within seven (7) days of receipt of written notice from Department or the QA Manager Design-Builder that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work or the Project affected by the nonconforming Work. If Design-Builder Build Subcontractor fails to commence the necessary steps within such seven (7) day period, DepartmentDesign-Builder, in addition to any other remedies provided under the Contract Documents, ,may provide Design-Builder Build Subcontractor with written notice that Department Design-Builder will commence correction of such nonconforming Work with its own forces. If Department Design-Builder does perform such corrective Work, ,Design-Builder Build Subcontractor shall be responsible for all reasonable costs incurred by Department Design-Builder in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods period identified herein shall be deemed inapplicable. 2.10.3 2.15.3 The one (1) year period referenced in Section 2.10.1 2.15.1 above applies only to Design- BuilderDesign-Build Subcontractor’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Department Design-Builder may have regarding Design-BuilderBuild Subcontractor’s other obligations under the Contract Documents, or damages suffered by Design-Builder due to Design-Build Subcontractor’s failure to properly perform its Work.

Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one two years (12) year from the date of Final Acceptance Substantial Completion of the Core and Shell portion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government ApprovalsDocuments. 2.10.2 Design-Builder shall, within 24 hours of verbal notice (confirmed in writing) from Owner that non-conforming or defective Work either prevents the use of the facility and/or immediate response is required to prevent further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, etc.), or within seven (7) days of receipt of written notice from Department or the QA Manager Owner that the Work is not in conformance with the Contract DocumentsDocuments in other ways, take meaningful steps to commence correction of such nonconforming or defective Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day specified period, DepartmentOwner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Department Owner will commence correction of such nonconforming Work with its own forces. If Department Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Department Owner in performing such correction. If the nonconforming Work creates an emergency or a situation that Owner reasonably believes requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) two-year period referenced in Section 2.10.1 above applies only to Design- Design-Builder’s 's obligation to correct nonconforming or defective Work and is not intended to constitute a period of limitations for any other rights or remedies Department Owner may have regarding Design-Builder’s 's other obligations under the Contract Documents.

Correction of Defective Work. 2.10.1 A. Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof2.9, within a period of one (1) year from the date of Final Acceptance Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents or applicable Legal Requirements or Government ApprovalsDocuments. 2.10.2 B. Design-Builder shall, within seven (7) days of receipt of written notice from Department or the QA Manager Owner/DES that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, DepartmentOwner/DES, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Department Owner/DES will commence correction of such nonconforming Work with its own forces. If Department Owner/DES does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Department Owner/DES in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods period identified herein shall be deemed inapplicable. 2.10.3 C. The one (1) one-year period referenced in Section 2.10.1 2.11.A above applies only to Design- Design-Builder’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Department Owner/DES may have regarding Design-Builder’s other obligations under the Contract Documents.

Correction of Defective Work. 2.10.1 Design-Builder agrees to correct any Work that is found not to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government ApprovalsDocuments. 2.10.2 Design-Builder shall, within seven two (7) days 2)days of receipt of written notice from Department or the QA Manager Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven two (72) day periodperiod or to complete the necessary steps as soon as possible, DepartmentOwner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Department Owner will commence correction of such nonconforming Work with its own forces. If Department Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Department Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven two (7) day 2)day periods identified herein shall be deemed inapplicable.inapplicable and Design-Builder shall commence correction immediately.. 2.10.3 The one (1) year period referenced in Section 2.10.1 above applies only to Design- Design-Builder’s 's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Department Owner may have regarding Design-Builder’s 's other obligations under the Contract Documents.