|
36
<br />
<br />Revised 01/24
<br />
<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 />
<br />
<br />
<br />ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION;
<br />WARRANTIES AND GUARANTIES
<br />
<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 />
<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 />
<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 />
<br />a) Completely repair or replace the Work so that it conforms to the Contract Documents;
<br />
<br />b) Correct all defects therein;
<br />
<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 />
<br />d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such
<br />guarantee.
<br />
<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 />
<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 />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2
|