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Agenda - 09-19-2007-6a3
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Agenda - 09-19-2007-6a3
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9/2/2008 4:11:39 AM
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8/28/2008 10:59:15 AM
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BOCC
Date
9/19/2007
Document Type
Agenda
Agenda Item
6a3
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Minutes - 20070919
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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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 sha11, at the Contractor's sole cast 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 ar 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 sa 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 CONDlT10NS FOR CM AT RISK PROJECT 33 of 42 JUNE 2007 EDITION <br />
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