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Documents at no additlanal cost to the CMAR. Work ar property of the Owner or others
<br />damaged or destroyed by virtue of such condemned Work shall be made good at the
<br />expense of the Contractor. "
<br />Correction of condemned Work described above shall be commenced by the Contractor
<br />within twenty-four (24} hours after notice from the CMAR and shoe 6e pursued to
<br />completion. Should the Contractor fail to proceed" reasonably with the above-mentioned
<br />corrections, the CMAR may, three (3} days after the notice speetf[ed in the preceding
<br />sentence, proceed with correction, paying the cost, including costs of uncovering such
<br />condemned Work, of such corrections from amounts due or to became due to the
<br />Contractor.
<br />Condemned Wark removed shalt be the property of the Contractor and shall be removed
<br />from the PraJect by the Contractor within ten (10j days after notice to remove it, and if not
<br />then removed, thereafter may. be disposed of by the CMAR without compensation to the
<br />Contractor and the cost of such disposal shalt be deducted horn amounts due ar to become
<br />due to the Contractor.
<br />Should the cost of correction of the Work and, if applicable, disposal of the condemned
<br />Work by the CMAR exceed the amount due or to become due the Contractor, the
<br />Contractor and the Contractor's sureties shall be liable far and shall pay to the CMAR the
<br />amount of such excess.
<br />ARTICLE 1$. COFtC2ECTkON OF WORK AFTER SUBS`CANTiAL COMPLETIOU; WARRANTIES ANI]
<br />GUARANTEES
<br />18.1 No cerkiticate of completion by any party, FUa1 Payment, occupation of the premises by the
<br />Owner, any p"rovision of the Contract Documents, or any other act or instrument of the
<br />CMAR, the Owner ar the Designer shalt relieve the Contractor from responsibility #or
<br />negligence, defective material or workmanship, or taiture to comply fully with the Contract
<br />Dacuments_
<br />18.2 The Contractor shall, at the Contractor's sole cost and expense, make alt necessary
<br />repairs, replacements, and corrections of any nature or description, interior or exterior,
<br />structural ar non-structural, that shalt become necessary by reason of defective
<br />workmanship or materials which appear within a period of one (1 } year from the date of
<br />Substantial Completion and acceptance of the Project by the Qwner; provided, however
<br />that notwithstanding the preceding, if any longer guarantee period is specified for any
<br />particular materials or workmanship under the Contract Documents, ar under any
<br />subcontract, or in connection with any manufactured unit which is installed in the Project, or
<br />under the laws of the State of North Carolina, the longer guarantee period shat! govern.
<br />18.3 tf, withfi any guarantee period, repairs or changes are required in connection with the
<br />Work, which are rendered necessary as the result of the use of materials, equipment, or
<br />workmanship which are inferior, defective, or, not in accordance with the terms of the
<br />Contract Dacuments, the Contractor sha}I, promptly upon receipt of notice from the CMAR
<br />and without expense to the CMAR:
<br />a) Completely repair or replace the Work so that It conforms to the Contract
<br />Documents;
<br />b) Correct all defects therein;
<br />c} Make goad all damage which, in the opin[on of the CMAR or~the Designer, is fire
<br />result at the use of materials, equipment, or workmanship which are inferior,
<br />defective, or not in accordance with the terms of the Contract Dacuments; and
<br />GI=NERAL CQtVI~tTIONS FOR CM AT RISK PROJECT 33 of 42 JUKE 2007 EDlT1ON
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