|
DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC
<br /> 36
<br /> Condemned Work removed shall be the property of the Contractor and shall be removed from
<br /> the Project by him 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 Contractor and the
<br /> cost of such disposal shall be deducted from amounts due or to become due to the Contractor.
<br /> Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by
<br /> the Owner exceed amounts due or to become due the Contractor, then the Contractor and the
<br /> Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess.
<br /> ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION;
<br /> WARRANTIES AND GUARANTIES
<br /> 18.1 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 /> Designer shall relieve the Contractor from responsibility for negligence, defective material or
<br /> workmanship, or failure to comply with the Contract 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 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 /> 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 Contract
<br /> Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without
<br /> 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 Designer, is the result of the use of
<br /> materials, equipment, or workmanship which are inferior, defective, or not in accordance with
<br /> 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 /> If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein
<br /> or required thereby, the Contractor disturbs any work, facility, premises, or construction
<br /> belonging to the Owner, the Contractor shall restore such disturbed work to a condition
<br /> satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it
<br /> were Work under the Contract Documents.
<br /> Revised 12/18
<br />
|