Common use of Cure of Defect Clause in Contracts

Cure of Defect. Owner must promptly notify Design-Builder in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Design-Builder with an opportunity to inspect the defect. Upon inspection, Design-Builder may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Design- Builder’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Design-Builder shall not be liable for costs incurred by Owner unless Design-Builder has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 6.3.

Cure of Defect. Owner must promptly notify Design-Builder in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Design-Builder with an opportunity to inspect the defect. Upon inspection, Design-Builder may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Design- Builder’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Design-Builder shall not be liable for costs incurred by Owner unless Design-Builder has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 6.36.2.