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19 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> 15.1 General Warranty. The CMAR unconditionally warrants and guarantees that all Work is free from <br /> defects in materials and workmanship, conforms to the Contract Documents, and is performed in a good <br /> and workmanlike manner. This warranty commences on the date of Substantial Completion (or, for work <br /> completed after Substantial Completion, on the date such work is completed and accepted by the Owner) <br /> and continues for twelve (12) months. <br /> 15.2 Extended Warranties.The Owner may require extended warranties for specified building components, <br /> including roofing (10-20 years), HVAC equipment, elevators, security systems, and curtain wall systems, <br /> as identified in the Construction Documents. Extended warranties shall be issued in the Owner's name and <br /> shall be enforceable directly by the Owner against the Subcontractor or manufacturer. The CMAR's <br /> responsibility for extended warranties is limited to securing and delivering them; the CMAR is not <br /> independently liable beyond its 12-month warranty for matters covered by extended warranties, provided <br /> the extended warranty is in place and enforceable. <br /> 15.3 Warranty Response Times. The CMAR shall maintain a dedicated warranty point of contact for the <br /> full 12-month warranty period. Warranty response shall be tiered as follows: <br /> (a) Life-Safety or Emergency Failures(loss of power,fire suppression failure, structural concern, active <br /> water intrusion): CMAR shall respond within twenty-four (24) hours of written or oral notice and shall <br /> commence corrective Work immediately; <br /> (b) Significant Operational Failures (HVAC failure, plumbing failure, substantial leakage): CMAR shall <br /> respond within seventy-two (72) hours and shall commence corrective Work within seven (7)calendar <br /> days; <br /> (c) Non-Urgent Defects: CMAR shall respond within five (5) business days and complete corrective <br /> Work within thirty (30)calendar days. <br /> 15.4 Owner's Right to Self-Correct. If the CMAR fails to respond or commence Work within the timeframes <br /> specified in Section 15.3, the Owner may, after written notice, perform or cause the corrective Work to be <br /> performed. The CMAR shall reimburse the Owner for all reasonable costs incurred, including labor, <br /> materials, and a fifteen percent (15%) administrative surcharge. The Owner may deduct such costs from <br /> retainage, amounts otherwise due the CMAR, or recover through the Performance Bond. <br /> 15.5 Warranty Extension. If any portion of the Work is corrected during the warranty period, the warranty <br /> for that corrected portion shall be extended for twelve (12) months from the date of correction. <br /> 15.6 Warranty Matrix. Within fourteen (14) days of Substantial Completion, the CMAR shall submit a <br /> Warranty Matrix identifying: each warranted system or component; warranty duration; warranty <br /> commencement date; manufacturer or installer; point of contact; required maintenance actions to preserve <br /> warranty; and warranty documentation location. <br /> 15.7 Latent Defects. The Owner may bring an action for latent defects not apparent at the time of Final <br /> Completion in accordance with applicable North Carolina law. <br /> 15.8 Warranty Exclusions. The CMAR's warranty does not cover defects caused by: abuse or misuse by <br /> the Owner;failure to perform required maintenance; normal wear and tear; vandalism; acts of God; or work <br /> performed by others after Final Completion. This exclusion does not apply to defects resulting from the <br /> CMAR's defective Work or improper installation. <br /> ARTICLE 16: SUBSTANTIAL COMPLETION AND PROJECT CLOSEOUT <br /> 16.1 Substantial Completion.When the CMAR considers the Work substantially complete, the CMAR shall <br /> submit to the Project Designer and Owner: (a)a written request for Substantial Completion inspection; and <br /> (b)a preliminary punch list of items remaining.The Project Designer shall conduct a Substantial Completion <br /> inspection within ten (10) days and issue either a Certificate of Substantial Completion or a written <br /> statement of deficiencies. If the Work is found not substantially complete, all reinspection costs shall be <br /> assessed to the CMAR. <br /> 16.2 Certificate of Substantial Completion. Upon issuance, the Certificate shall establish: the date of <br /> Substantial Completion; responsibilities for security, maintenance, utilities, and insurance; the time period <br /> Page 16 of 35 <br />