2005-263 - Laserfiche WebLink

Home Browse Search

Architect ' s examination and be replaced at the Contractor' s expense without change in the Contract Time or the Contract Time.Sum. § 12 . 1 .2 If a portion of the Work has been covered which is not contrary to requirements specifically expressed in the Contract Documents and which the Architect has not specifically requested to examine prior to its being covered, the Architect and the Owner may in writing request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner' s expense . If such Work is not in accordance with the Contract Documents, cost of uncovering, correction and replacement shall be at the Contractor' s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs . § 12.2 CORRECTION OF WORK § 12.2. 1 BEFORE OR AFTER SUBSTANTIAL COMPLETION § 12.2. 1 . 1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform 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 fejeeted-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 Section 3 . 5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 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 Eentfaete Contractor, at Contractor' s expense, shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written express acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one year- period for- eeffeetion Of W 44he-The Owner fails to notify the Gentfacter and ontractor an appeftunity to make the eeffeetion;-Mree that a warranty inspection shall be scheduled no later than eleven ( 11 ) months after final payment under this Contract so that the Owner waives the rights to feqUiFe 60FIFeCtion b and the Contractor may inspect and otherwise examine the Work prior to mAkLA a ,.t .. : ., . FRf: "f:eae" the expiration of warty—the Performance Bond . If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2 .4 . § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of performance of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12 . 2. § 12.2.3 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 Contractor nor accepted by the Owner. § 12 .2 .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 Contractor' s correction or removal of Work which is not in accordance with the requirements of the Contract Documents . § 12.2.5 Nothing contained in this Section 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 correction of Work as described in Section 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. AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976 , 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIO Document Is protected by U.S. Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50 :06 on 08/10/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes : (726890250)