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§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior
<br />to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
<br />Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate
<br />Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such
<br />costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or
<br />a separate contractor in which event the Owner shall be responsible for payment of such costs.
<br />§ 12.2 CORRECTION OF WORK
<br />§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
<br />The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of
<br />the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
<br />installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost
<br />of uncovering and replacement, and compensation for the Architect's services and expenses made necessary
<br />thereby, shall be at the Contractor's expense.
<br />§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
<br />§ 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of
<br />Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
<br />established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
<br />any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
<br />shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
<br />given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
<br />discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
<br />Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
<br />correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
<br />nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
<br />Architect, the Owner may correct it in accordance with Section 2.4.
<br />§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
<br />performed after Substantial Completion by the period of time between Substantial Completion and the actual
<br />completion of that portion of the Work.
<br />§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
<br />Contractor pursuant to this Section 12.2.
<br />§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
<br />requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
<br />§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
<br />partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work
<br />that is not in accordance with the requirements of the Contract Documents.
<br />§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
<br />other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for
<br />correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
<br />the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
<br />may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
<br />Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
<br />§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
<br />If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the
<br />Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
<br />appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
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<br />Institute of Architects. All rights reserved. 'AIA thoAlAlo1�:�, A201 �iiri AIACgifta(11),:��;:ro.u7i�,iitr„�rz iz,�i h�izaciti,�,iz,i7crt��;, 32
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