Orange County NC Website
DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 36 <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 /> If the Contractor, after notice, fails to proceed promptly to comply with the terms of the <br /> guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's <br /> ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) <br /> hours for systems necessary to normal operation of the building and within seventy-two (72) <br /> hours for all other items. All special guarantees applicable to definite parts of the Work that may <br /> be shown in or required by Contract Documents shall be subject to the terms of this paragraph <br /> during the first year of the life of such special guarantee. Manufacturer's standard guarantees or <br /> warranties which do not comply with the time limit specified herein shall be extended by the <br /> Contractor automatically without further action on the part of the Owner or the Designer. <br /> 18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request <br /> of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work <br /> for the purpose of identifying defective workmanship or materials. If the Contractor, having been <br /> requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be <br /> conclusively bound by any decision or ruling by the Designer as to any defective workmanship <br /> or material and as to the Contractor's responsibility for its repair or replacement. <br /> ARTICLE 19. OWNER'S RIGHT TO DO WORK <br /> 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to <br /> prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, <br /> Revised NETPLANNER v2 <br />