|
§12.2.2 After Substantial Completion
<br />§12.2.2.1 In addition to the Contractor’s obligations under Section3.5, if, within one year after the date of Substantial
<br />Completion of the Work or designated portion thereof or after the date for commencement of warranties established under
<br />Section9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to
<br />be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of
<br />notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition.
<br />The Owner shall give such notice promptly after discovery of the condition. If the Contractor fails to correct nonconforming
<br />Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct
<br />it in accordance with Section2.5.
<br />§12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after
<br />Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the
<br />Work.
<br />§12.2.2.3 With respect to any corrective work performed during the one-year correction period set forth in section 12.2.2.1
<br />the correction period for the specific Work correctedshall be extended for one (1) year from the date the corrective Workwas
<br />completed.
<br />§12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the
<br />Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
<br />§12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate
<br />Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not
<br />in accordance with the requirements of the Contract Documents.
<br />§12.2.5 Nothing contained in this Section12.2 shall be construed to establish a period of limitation with respect to other
<br />obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as
<br />described in Section12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no
<br />relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor
<br />to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the
<br />Contractor’s obligations other than specifically to correct the Work.
<br />§12.3 Acceptance of Nonconforming Work
<br />If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner
<br />may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and
<br />equitable.Such adjustment shall be effected whether or not final payment has been made.
<br />ARTICLE13 MISCELLANEOUSPROVISIONS
<br />§13.1 Governing Law
<br />The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law
<br />rules.
<br />§13.2 Successors and Assigns
<br />§13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives
<br />to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section13.2.2, neither
<br />party to theContract shall assign the Contract as a whole without written consent of the other. If either party attempts to make
<br />an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the
<br />Contract.
<br />§13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing
<br />for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall
<br />execute all consents reasonably required to facilitate the assignment.
<br />§13.3 Rights and Remedies
<br />§13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in
<br />AIA Document A201 –2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
<br />reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents”are trademarks of The
<br />41
<br />American Institute of Architects.This draft was produced at 10:50:07 CDT on 08/19/2025 under Subscription No.20250116558 which expires on , is not for
<br />®
<br />resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsTerms of Service. To report copyright
<br />violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (640e2aedf442e4498d0967fa)
<br />Qbhf!315!pg!74:
<br />
<br />
|