05-D Animal Shelter Contract - Laserfiche WebLink

Home Browse Search

12.2 CORRECTION OF WORK o IIII o o. o oQ.~.~o 0 0199] AIAO AIA DOCUMENT A701-1997 GENERAL CONDITIONS OF THE CONTRACT FOR coNSTRUCrioN The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 10006-5292 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.7 The Contractor shall promptly correct Work rejected by the Archilect or failing to conEorm to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.9, if, within one year aker the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the ConVactor a written acceptance of such condition. The Owner shall give such notice promptly afier discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contrador and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a daim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Archifect, the Owner may correct it in accordance with Paragraph 2.4. 1211.2The one-year period for correction of Work shall be extended with respect to poriions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work 12.2.23The one-year period for correction of Work shall not be extended by corrective Work performed by the Contrador pursuant to this Paragraph 12.2. 1213 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contrador nor accepted by the Ownec 121.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contrador's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 72.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for mrrection of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. - 12.3 ACCEPTANCE OF NONCONFORMING WORK -123.1 If the Owner prefers to accept Work which is not in accordance with the requirements'of the Comract Documents, the Owner may do so instead of requiring its removal and correction; in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. WMNING: Unlicensed pMtocopying violafes U.S. <opyright laws end will subJect the violaror to legal prosecution .