KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

8.7.2. Retention of Defective Work I In its sole discretion, the Owner may retain work that is not in compliance with the Contract. The Owner will determine the just and reasonable value for such defective work and deductions will be made in the payments due or to become due to the Contractor. Final Acceptance will not act as a waiver of the Owner's right to recover from the Contractor an amount representing the deduction for retention of defective work. 8.8. MATERIALS AND EQUIPMENT FURNISHED BY OWNER I Contractor shall install materials and Equipment furnished by the Owner as provided in the technical sections of the specifications. Furnishing of material and Equipment by the Owner will be considered conclusive evidence of their acceptability for the purpose intended. If the Contractor discovers defects in material or Equipment furnished by the Owner, he or she shall immediately notify the Owner. After such discovery, the Contractor shall not proceed with work involving Owner-furnished materials and Equipment unless authorized by the Owner. Unless otherwise noted or specifically stated, materials and Equipment furnished by the Owner, which are not of local occurrence or manufacture, are considered to be"FOB" railroad station or truck terminal nearest to the site of the work. At no cost to the Owner, the Contractor shall unload, transport, store, and protect such material and Equipment from damage. The Contractor shall inspect such Owner-furnished material and Equipment on receipt and provide the Owner with written acceptance for the incorporation of said material and Equipment into the work. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to Owner furnished materials and Equipment 8.9. GUARANTEE The Contractor warrants to the Owner, Engineer and/or Owner's Representative that all materials and Equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the Owner, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the Owner's Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and Equipment. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. "Acceptance of the work" shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract that has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The Owner and the Contractor agree that the guarantee on the completed portions of the work possessed and used by the Owner shall commence as to those portions on the date that the Owner takes possession of those portions and so notifies the Contractor in writing. Owner and Contractor further agree that such taking possession and use shall not be deemed as acceptance of the work. Takeover of completed portions of the work shall be at the Owner's option and will not be made until the work can be put into routine service on a permanent basis. The guarantee provided in this paragraph shall be in addition to those specific guarantee or warranty I requirements for particular Equipment and/or work items as indicated in the specifications. 8.10. Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time I as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-28