Orange County NC Website
Browse       Search
DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 36 <br /> preceding sentence, proceed with correction, paying the cost, including costs of uncovering <br /> such condemned Work, of such corrections from amounts due or to become due to the Design- <br /> Builder. <br /> (b) Condemned Work removed shall be the property of the Design-Builder and shall be removed <br /> from the Project by it within ten (10) days after notice to remove it, and if not then removed, <br /> thereafter may be disposed of by the Owner without compensation to the Design-Builder and <br /> the cost of such disposal shall be deducted from amounts due or to become due to the Design- <br /> Builder. Should the cost of correction of the Work and, if applicable, disposal of the condemned <br /> Work by the Owner exceed amounts due or to become due the Design-Builder, then the <br /> Design-Builder and the Design-Builder's sureties shall be liable for and shall pay to the Owner <br /> the amount of such excess. <br /> ARTICLE 17. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; <br /> WARRANTIES AND GUARANTIES <br /> 17.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor <br /> any provision of the Contract Documents, nor any other act or instrument of the Owner or the <br /> Owner's Authorized Representative shall relieve the Design-Builder from responsibility for <br /> negligence, defective material or workmanship, or failure to comply with the Contract <br /> Documents. <br /> 17.2 The Design-Builder shall, at the Design-Builder's sole cost and expense, make all <br /> necessary repairs, replacements, and corrections of any nature or description, interior or <br /> exterior, <br /> structural or non-structural, that shall become necessary by reason of defective workmanship or <br /> materials which appear within a period of one (1) year from the date of Substantial Completion; <br /> provided, however that notwithstanding the preceding, if any longer guarantee period is <br /> specified for any particular materials or workmanship under the Contract Documents, or under <br /> any 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 /> 17.3 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 Contract <br /> Documents, the Design-Builder shall, promptly upon receipt of notice from the Owner's <br /> Authorized Representative and without expense to the Owner: <br /> a) Completely repair or replace the Work so that it conforms to the Contract Documents; <br /> b) Correct all defects therein; <br /> c) Make good all damage which, in the opinion of the Owner's Authorized Representative, is the <br /> result of the use of materials, equipment, or workmanship which are inferior, defective, or not in <br /> accordance with the terms of the Contract Documents; and <br /> d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such <br /> guarantee. <br /> Revised 2/17 <br />