2020-26 - Approve Design Build of Cove Church

Home Browse Search

§ 10.4 Emergencies In an emergency affecting safety of persons or property, the Design -Builder shall act, at the Design -Builder's discretion, to prevent threatened damage, injury or loss. ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design -Builder has coved to determine if the Work has been performed in accordance with the Design -Build Documents. If such Work ism accordance with the Design -Build Documents, the Owner and Design -Builder shall execute a Change Order to adjust the Contract Time and Contract Sum, as appropriate. If such Work is not in accordance with the Design -Build Jjo.,cuments, the costs of uncovering and correcting the Work shall be at the Design -Builder's expense and the Design -Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or alr Separate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time ;will be adjusted as appropriate. § 11.2 Correction of Work § 11.2.1 Before or After Substantial Completion. The Design -Builder shall promptly correct W*k dejected by the Owner or failing to conform to the requirements of the Design -Build Documents, whether dcov red before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of corre 11 gl "` such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, dmpensation for any design consultant employed by the Owner whose expenses and compensation were made net ssary thereby, shall be at the Design -Builder's expense. § 11.2.2 After Substantial Completion § 11.2.2.1 In addition to the Design -Builder's obligations under Section 3.1.12, 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 De�I gn tuild Documents, any of the Work is found not to be in accordance with the requirements of the Design. wild Documents, the Design -Builder shall correct it promptly after receipt of written notice from tie .per to do so unless the Owner has previously given the Design -Builder a written acceptance of such conditio,,,.. n. ',he Owner shall give such notice promptly after discovery of the condition. During the one-year period for cog&tiop of the Work, if the Owner fails to notify the Design -Builder and give the Design -Builder an opportunity to make tie correction, the Owner waives the rights to require correction by the Design -Builder and to make a claim for breach 6f warranty. If the Design -Builder fails to correct nonconforming Work within a reasonable time during that period .ter receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions o f Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Woxk p�:�formed by the Design -Builder pursuant to this Section 11.2. i § 11.2.3 The Design -Builder shall remove from the site portions of the Work that are not in ccordancelwith the requirements of the Design -Build Documents and are neither corrected by the Design-Builder'nor accepted by the Owner. § 11.2.4 The Design -Builder shall bear the cost of correcting destroyed or damaged constructs f the Owner or separate contractors, whether completed or partially completed, caused by the Design-Builder}s correction or removal of Work that is not in accordance with the requirements of the Design -Build Documa(� nts. § 11.2.5 Nothing contained in this Section 11.2 shall be construed to establish a period of 10,d ation with respect to other obligations the Design -Builder has under the Design -Build Documents. Establishment of the orq year period for correction of Work as described in Section 11.2.2 relates only to the specific obligation vf:the D,esi ,n-Builder to correct the Work, and has no relationship to the time within which the obligation to comply 'with the Design -Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA9 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP 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 26 law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is not for resale. User Notes: (3B9ADA54)