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() The PHA may conduct routine inspections of the
construction site on a daily basis.
(g) The Contractor shall, without charge, replace or correct
work found by the PHA not to conform to contract
requirements, unless the PHA decides that it is in its
interest to accept the work with an appropriate
adjustment in contract price. The Contractor shall
promptly segregate and remove rejected material from
the premises.
(h) Ifthe Contractor does not promplly replace or correct
rejected work, the PHA may (1) by contract or othenwise,
replace or correct the work and charge the cost to the
Contractor, or (2) terminate for default the Contractor's
right to proceed.
() If any work requiring inspection is covered up without ap-
proval of the PHA, it must, if requested by the Contracting
Officer, be uncovered at the expense of the Contractor. If
at any time before final acceptance of the entire work, the
Construction PHA considers it necessary or advisable, to examine
work already completed by removing or tearing it out, the
Contractor, shall on request, promptly fumish all
necessary facilities, labor, and material. If such work is
found to be defective or nonconforming in any material
respect due to the fault of the Contractor or its
subcontractors, the Contractor shall defray all the
expenses of the examination and of satisfactory
reconstruction. If, however, such work is found to meet
the requirements of the contract, the Contracting Officer
shall make an equitable adjustment to cover the cost of
the exemination and reconstruction, including, if
completion of the work was thereby delayed, an
extension of time.
@ The Contractor shall notify the Contracting Officer, in
writing, as to the date when in its opinion all ora
designated portion of the work will be substantially
completed and ready for inspection. If the Architect
determines that the state of preparedness is as
represented, the PHA will promptly arrange for the
inspection. Unless otherwise specified in the contract, the
PHA shall accept, as soon as practicable after completion
and inspection, all work required by the contract or that
portion of the work the Contracting Officer determines and
designates can be accepted separately. Acceptance shall
be final and conclusive except for latent defects, fraud,
gross mistakes amounting to fraud, or the PHA's right
under any warranty or guarantee.
21. Use and Possession Prior to Completion
(2) The PHA shall have the right to take possession of or use
any completed or partially completed part of the work.
Before taking possession of or using any work, the
Contracting Officer shall furnish the Contractor a list of
items of work remaining to be performed or corrected on
those portions of the work that the PHA intends to take
possession of or use. However, failure of the Contracting
Officer to list any item of work shall not relieve the
Contractor of responsibility for complying with the terms of
the contract. The PHA’s possession or use shall not be
deemed an acceptance of any work under the contract.
(b) While the PHA has such possession or use, the
Contractor shall be relieved of the responsibility for (1) the
loss of or damage to the work resulting from the PHA's
possession or use, notwithstanding the terms of the
clause entitled Permits and Codes herein; (2) all
maintenance costs on the areas occupied; and, (3)
furnishing heat, light, power, and water used in the areas
is editions are obsolete
Replaces form HUD-5370-A,
occupied without proper remuneration therefore. If prior
possession or use by the PHA delays the progress of the
work or causes additional expense to the Contractor, an
equitable adjustment shall be made in the contract price
or the time of completion, and the contract shall be
modified in writing accordingly.
22. Warranty of Title
The Contractor warrants good title to all materials,
supplies, and equipment incorporated in the work and
agrees to deliver the premises together with all
improvements thereon free from any claims, liens or
charges, and agrees further that neither it nor any other
person, firm or corporation shalll have any right to a lien
upon the premises or anything appurtenant thereto.
23. Warranty of
(2) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph ()
of this clause, that work performed under this contract
conforms to the contract requirements and is free of any
defect in equipment, material, or workmanship performed
by the Contractor or any subcontractor or supplier at any
tier. This warranty shall continue for a period of
(one year unless otherwise indicated) from the date of final
acceptance of the work. If the PHA takes possession of
any part of the work before final acceptance, this warranty
shall continue for a period of (one year unless otherwise
indicated) from the date that the PHA takes
possession.
(b) The Contractor shail remedy, at the Contractor's
expense, any failure to conform, or any defect. In
addition, the Contractor shall remedy, at the Contractor's
expense, any damage to PHA-owned or controlled real or
personal property when the damage is the result of —
(1) The Contractor's failure to conform to contract require-
merits; or
(2) Any defects of equipment, material, worktnanship or
design fumished by the Contractor.
(©) The Contractor shall restore any work damaged in
fulfilling the terms and conditions of this clause. The
Contractor's warranty with respect to work repaired or
replaced will run for (one year unless otherwise indicated)
from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, in
writing, within 4 reasonable time after the discovery of
any failure, defect or damage.
(€) If the Contractor fails to remedy any failure, defect, or
damage within a reasonable time after receipt of notice,
the PHA shall have the right to replace, repair or
otherwise remedy the failure, defect, or damage at the
Contractor's expense.
(f) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for work
performed and materials furnished under this contract,
the Contractor shall:
(1) Obtain all warranties that would be given in normal
commercial practice;
(2) Require all warranties to be executed in writing, for the
benefit of the PHA; and,
(3) Enforce all warranties for the benefit of the PHA.
(9) In the event the Contractor's warranty under paragraph
(2) of this clause has expired, the PHA may bring suit at
its own expense to enforce a subcontractor’s,
manutacturer’s or supplier’s warranty.
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