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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 far 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 CM and
<br />without expense to the CM:
<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 CM or the Designer, is the result
<br />of the use of materials, equipment, or workmanship which are inferior, defective, or
<br />not in accordance with the terms of the Contract Documents; and
<br />d} Make good any Work or material, or any equipment or contents disturbed in
<br />fulfilling any such guarantee.
<br />If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced
<br />therein or required thereby, the Contractor disturbs any work, facility, premises, or
<br />construction belonging to the Owner, the Contractor shall restore such disturbed work,
<br />facility, premises or construction to a condition satisfactory to the Owner, and shall
<br />guarantee such restored work to the same extent as if it were Work under the Contract
<br />Documents.
<br />If the Contractor, after notice, fails to proceed promptly to comply with the terms of the
<br />guarantee, the CM may have the defects corrected, and the Contractor and the
<br />Contractor's sureties shall be liable for all expenses incurred. "Promptly" is defined as
<br />within twenty-four (24) hours for systems necessary to normal operation of the building and
<br />within seventy-two (72} hours for all other items. All special guarantees applicable to
<br />definite parts of the Work that may be shown in or required by Contract Documents shall be
<br />subject to the terms of this paragraph during the first year of the life of such special
<br />guarantee. Manufacturer's standard guarantees or warranties which do not comply with the
<br />time limit specified herein shall be extended by the Contractor automatically without further
<br />action on the part of the CM.
<br />18.4 In the eleventh calendar month after Substantial Completion of the entire Project, and at
<br />the request of the CM, the Contractor, the CM, the Owner and the Designer shall make an
<br />inspection of the Work for the purpose of identifying defective workmanship andlor
<br />materials. If the Contractor, having been requested to do so by the CM, fails to participate
<br />in such inspection, the Contractor shall be conclusively bound by any decision or ruling by
<br />the Designer as to any defective workmanship or material and as to the Contractor's
<br />responsibility for its repair or replacement.
<br />ARTICLE 19. CM'S RIGHT TO DO WORK
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 34 of 43 JUNE 2007 EDITION
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