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2006-389
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2006-389
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Last modified
9/1/2016 3:02:55 PM
Creation date
9/30/2015 10:17:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Migration
Approved Date
11/07/2006
Control Number
2006-389
Agenda Item Number
14.A.3.
Entity Name
Barth Construction, Inc.
Subject
Fire Station #2 - Part II Agreement
Supplemental fields
SmeadsoftID
5948
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ARTICLE 9 CORRECTION OF WORK <br /> § 9 . 1 The Design/Builder shall promptly correct Work rejected by the Owner or known <br /> by the Design/Builder to be defective or failing to conform to the requirements of the <br /> Contract Documents , whether observed before or after Substantial Completion and <br /> whether or not fabricated , installed or completed . The Design/Builder shall bear costs <br /> of correcting such rejected Work, including additional testing and inspections . <br /> § 9.2 If, within one ( 1 ) year after the date of Substantial Completion of the Work or, after <br /> the date for commencement of warranties established in a written agreement between <br /> the Owner and the Design/Builder, or by terms of an applicable special warranty <br /> required by the Contract Documents , any of the Work is found to be not in accordance <br /> with the requirements of the Contract Documents, the Design/Builder shall correct it <br /> promptly after receipt of a written notice from the Owner to do so unless the Owner has <br /> previously given the Design/ Builder a written acceptance of such condition . <br /> § 9.3 Nothing contained in this Article 9 shall be construed to establish a period of <br /> limitation with respect to other obligations which the Design/Builder might have under <br /> the Contract Documents . Establishment of the time period of one ( 1 ) year as described <br /> in Section 9 . 2 relates only to the specific obligation of the Design/Builder to correct the <br /> Work , and has no relationship to the time within which the obligation to comply with the <br /> Contract Documents may be sought to be enforced , nor to the time within which <br /> proceedings may be commenced to establish the Design/Builder's liability with respect <br /> to the Design/Builder's obligations other than specifically to correct the Work . <br /> § 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to <br /> carry out Work in accordance with the Contract Documents , the Owner, by written order <br /> signed personally or by an agent specifically so empowered by the Owner in writing , <br /> may order the Design/Builder to stop the Work, or any portion thereof, until the cause <br /> for such order has been eliminated ; however, the Owner's right to stop the Work shall <br /> not give rise to a duty on the part of the Owner to exercise the right for benefit of the <br /> Design/Builder or other persons or entities . <br /> § 9.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with <br /> the Contract Documents and fails within seven (7) days after receipt of written notice <br /> from the Owner to commence and continue correction of such default or neglect with <br /> diligence and promptness, the Owner may give a second written notice to the <br /> Design/Builder and , seven (7) days following receipt by the Design/Builder of that <br /> second written notice and without prejudice to other remedies the Owner may have , <br /> correct such deficiencies . In such case an appropriate Change Order shall be issued <br /> deducting from payments then or thereafter due the Design/ Builder, the costs of <br /> correcting such deficiencies. If the payments then or thereafter due the Design/Builder <br /> are not sufficient to cover the amount of the deduction , the Design/Builder shall pay the <br /> difference to the Owner. Such action by the Owner shall be subject to dispute <br /> resolution procedures as provided in Article 10 . <br /> 17 <br />
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