Work shall be limited to the remedy of Contractor under the Contract Documents. Unless otherwise agreed in writing by Owner and Contractor, failure to inspect or the use by the Owner or Contractor, shall not constitute acceptance of Subcontractor's Work. (b) Subcontractor shall not damage work adjacent to Subcontractor's Work and shall immediately repair adjacent work if damaged by Subcontractor. Subcontractor shall determine that work of other subcontractors or of Owner is completed and without patent defect before commencing Subcontractor's Work surrounding, adjacent to or covering such other work. If Subcontractor encounters any defect or variance from the Contract Documents in work of other subcontractors or of Owner's separate contractors or employees surrounding, adjacent to or to underlying Subcontractor's Work, Subcontractor shall give immediate notice to Contractor of such defect. Subcontractor shall be liable for the costs to replace, modify or correct, or for the correction, replacement or modification at Subcontractor's own cost, of any of Subcontractor's Work or the excess cost of correction, replacement or modification of any other work in excess of what that correction, replacement or modification otherwise would have cost but for the Subcontractor's failure to give such immediate notice to Contractor. (c) Subcontractor's Work which is determined by Contractor, Owner (or any of Own er’s successors or assigns, to be unsatisfactory, faulty, defective or nonconforming to the Contract Documents (whether arising from a Subcontractor's design or construction defect or deficiency), or which does not conform to applicable laws, regulations or construction permits, or which does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, fabricated without approved Submissions or which has been damaged by Subcontractor, shall be defined as the "Subcontractor's Defective Work." Subcontractor, prior to final payment and thereafter, at any time prior to the expiration of the applicable statutes of limitation and repose, at Subcontractor's sole cost and expense and at the earliest practical opportunity after receipt of notice from Contractor, shall re-execute, correct, repair or replace any and all Subcontractor's Defective Work and all portions of the Project adversely affected by or damaged by such Subcontractor's Defective Work and all other property of the Owner which is damaged by such Subcontractor's Defective Work; provided, however, that nothing in the foregoing shall in any way limit Contractor's rights or ability to recover from Subcontractor for Subcontractor's Defective Work, to the extent such Subcontractor's Defective Work constitutes a breach of (i) this Subcontract, or (ii) the warranty set forth at Article 12, or (iii) the negligent performance of the Subcontractor's Work and Subcontractor's obligations hereunder. Notwithstanding anything to the contrary in the foregoing, Contractor may undertake such emergency measures and repairs as Contractor may deem necessary or appropriate in order to prevent damage to property or injury to persons resulting from any Subcontractor's Defective Work after first providing Subcontractor with notice and the opportunity to effect such repairs, if possible, and Subcontractor's failure to do so within a reasonable period of time given the circumstances and conditions then existing at the Project, and all costs and expenses so incurred by Contractor shall be reimbursed by Subcontractor upon demand. (d) When Subcontractor considers itself to be Substantially Complete with Subcontractor's Work, Subcontractor shall prepare and submit to Contractor a punchlist of minor incomplete or incorrect Subcontract Work. Subcontractor shall promptly complete and repair all items on such Subcontractor's punchlist. Notwithstanding Subcontractor's completion and correction of Subcontractor's Work in accordance with Subcontractor's punchlist, Contractor shall be entitled to submit to Subcontractor and Subcontractor shall promptly perform all Subcontractor's Work listed on any punchlist prepared by Contractor, Owner, Architect, Construction Manager or Owner's Representative. Failure to complete or to correct punchlist items within fourteen (14) days after submission to Subcontractor of such punchlist shall be a material breach of the Subcontract. 16. CLEANUP. At Subcontractor's sole expense, Subcontractor shall clean, including without limitation, removal of any soiling, staining, mortar, plaster, concrete, dirt, etc. the Subcontractor's Work at all times and remove all debris resulting from Subcontractor's Work in conformance with the Contract Documents and on an ongoing basis and in a manner that will not impede either the progress of the Project or of other trades, create a safety hazard, rodent nuisance or otherwise. Subcontractor shall be responsible for the ongoing cleanup of trash, dirt, dust, and debris which results from Subcontractor's performance of the Work to a dumpster centrally located by Contractor. Subcontractor is not permitted to dispose of excess pallets, drums, uncrushed cardboard containers, chemicals or hazardous materials, concrete, furniture or appliances in the Contractor-provided dumpsters and Subcontractor shall sort and compact the debris before placing in the dumpster(s). Subcontractor must dispose of all hazardous materials and chemicals to a properly licensed facility in a manner and with all notices, as required by Laws as defined in Section 17(a) of these Master Subcontract Conditions. Upon 24 hours written notice and failure to cure, Contractor shall have the right to perform cleanup itself and charge Subcontractor the reasonable cost thereof including an allocation of the cost of cleanup not identifiable to any source. Subcontractor also shall clean the Subcontractor's Work after final installation of Subcontractor's Work as required for Owner's acceptance.
Return to Table of Contents
Made with FlippingBook flipbook maker