|
Documents at no additional cost to the CMAR. Work or 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 shall be 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 specified 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 become due to the
<br />Contractor.
<br />Condemned Work removed shall be the property of the Contractor and shall be removed
<br />from the Project by the Contractor within ten (10) 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 shall be deducted from amounts due or 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 for and shall pay to the CMAR the
<br />amount of such excess.
<br />ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND
<br />GUARANTIES
<br />18.1 No certificate of completion by any party, Final Payment, occupation of the premises by the
<br />Owner, any provision of the Contract Documents, or any other act or instrument of the
<br />CMAR, the Owner or the Designer shall relieve the Contractor from responsibility for
<br />negligence, defective material or workmanship, or failure to comply fully with the Contract
<br />Documents.
<br />18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary
<br />repairs, replacements, and corrections of any nature or description, interior or exterior,
<br />structural or non-structural, that shall 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 Owner; 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, or 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 shall govern.
<br />18.3 If, within 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 Documents, the Contractor shall, 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 good all damage which, in the opinion of the CMAR or the Designer, is the
<br />result of the use of materials, equipment, or workmanship which are inferior,
<br />defective, or not in accordance with the terms of the Contract Documents; and
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 33 of 42 JUNE 2007 EDITION
<br />
|