Arch/Structural specs for cabana,pool,hot tub areas

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Construction Contract � ' GENERAL CONDITIONS any partial acceptance which occurs pursuant to ihis Subparagaph(C), ' D. Final Pavment The making of Final Payment shall constitute a waiver of aIl claims by the Owner except those arising from: ' 1} Unsettled liens; 2) Faulty or defective Work appearing after completion; ' 3) Failure of the Work to comply with the requirements of the Contract Documents; 4) Terms of any special or extended warcanties required by the Contract Documents;or � 5) The obligations of the ContracWr under the indemnification provisions of Paragraph 27 hereof B. Contractor's Acceotance of Fina!Pavment The acceptance of Final Payment shall constitute a waiver of all daims by the Contractor. ' 3& WARRANTIES AND GUARANTEES A The Contractor warrants to the Owaer that atl materials and equipment fumished under this Contraa will be new and free from defects,that ' all Work wiil be ofgood quality,free from faults and defects and in strict confo�mance with the Contract Doouments.AIL Work not confomting to these requirements, including substitutions not properiy approved and authorized,may be considered defective. If required by the Qwner,the Contractor shall fumish satisfactory evidence as to the kind and quslity ofmaterials and equipmen�This warranty or any other wazranty provided by the Contractor pursuant to the Contract Documentc ' shall not be Iimited by the pmvisions of Subparagraph(B)beEow. B. The Contracxor hereby guarantces a11 Work perfortned and material and equipment fu�nished under the Contract Documents against defects due to faulty or defective materials or workmanship,or failure of the Work to confocm to the Contract Documents,as shall appear within a period of one(1)year ' from the date of Substantiat Comp[etion ofthe entire Project(unless specified elsewhere),or for a longer period if so specified elsewh�e in U►e Contract Documents or in applicable wa�ranties supplied by others,provided,however,that if such materials or equipment or portion of the Work is fdund after such finat acceptance not to comply wrth the Contract Documenis,the guarantee penod therenn shall commence with the date rt�s co�rected by the Contractor to comply vr�th the Contract Documents. 7'he Contractor shalt require a similer guuanty in all subcontracts,incSuding the requirement that the Owncr be reimbursed for any damage or loss to the Work or to other wodc resuldng from such defeas.The Contractor agrees as part of its guarantee under this Paragraph 38 to repair or remove or replace as directed , by the Owner,all Work which proves defective during the guarantee period or which fails to conform to the Conlract Documents;w repair,remove,and replacs, as directed by the Owner,all damaged poctions of ihe Work resulting fran or which is incidental to defects in the Work as stated above in this Paragraph 38,or failure of the Work to conform to ihe Contract Documents. All repairs,removafs and replace►nents must be commencod within sev�(7)da}+s from the receipt of written notice from the Owner at times approved in advance by the Owner. The Contractor shall furnish sufficient workmen and materials to ensure prompt completion ' theraof.Should the Contractor fail to proceed in accordance with the provisions ofthis Paragraph 38,the Owner,without furtber notice to the Contractor,may furnish ail labor and material necessary for said repairs,or removals and repfacements;all costs associated with such repair or replacement work shafl be charged to the Contractor. C. Upon Substantial Comp[etion of the Project and prior to Final Payment,the Cont�actor shall prepare,organiu,assemble and transmit to the ' Ovmer's Representative a duplicate set of all written wacrandes and guarantecs of oth�s appticable to the Work or required by the Contract Documents and instrucrion,operation and mainte�ance manuais for all operating equipment and systems and for all wearing surfaces. All warrantics and guarantces of othus with regard to services or materials shall be made for the beneft of the Owner and the Contractor and shall be enforceable by either the Owner or the Contractor and the Conuactor shall execute any documents or tske such act+on as may be necessary to ensure that the Owner receives the benefitc thereof. Should the Contractoy or � a Subcontractor replace any paR ofthe Work,aIt Waria[►ties or guarantees applicable w the Work replaced shell begin anew from lhe date of the Owner's acceptance of the replacemen� D. No contract or purchase pertaining to the Project shall allow for waiver of wamdnties or guarantees. , E. DIothing contained in this Patagraph 38 shall be construed to establish a period of limitation with respecx to eny other obligaGon which Ehe Contractor may have under tfie Contract Documeats. The establishment of the time period of one year as set fo�th in Subparagraph(B)above or such longer period of time as may be prescribed by law or by the other provisions of the Contract Documenis relates onty to the specific obligation of the Contractor to w�rect the Work ' and has no relationship w the 6me within which his obligetion W comply with the Conhact IJocuments may be sought to be enforced nor to the time within which proceedings may be coromenced to establish the Contractor's liability with respect to his obligallons other than specifically to correci the Work. 39. TAXFS , A. The Contractor s6ai1 pay for all sales,consumer,use and other simiiar taxes for the Work or portions thereof provided by t6e Contractor_ 40. RIGHTS AND REMEDIES A. The daties and obliga6ons imposed by she Conhact Documents and the rights and remedies availabfe thereunder shall be in addition to,snd , not a[imitation of,any duties,obligations,rights and remedies oiherwise imposed or available by law. The Own�reeseerves the right to exercise any right or remedy available to it either separately or concvrrentiy with any other right or remedy available to it � coaeaa.coa 00810-19 19 '