PART 12 - OWNER TAKEOVER Flashcards
GC 12.1 READY FOR TAKEOVER
12.1.1
The prerequisites to attaining ready for takeover of the work are limited to the following:
1) The consultant has certified or verified the substantial performance of the work.
2) Evidence of compliance with the requirements for occupancy or occupancy permit as prescribed by the authorities having jurisdiction.
3) Final cleaning and waste removal at the time of applying for ready for takeover, as required by the contract documents.
4) The delivery to the owner of such operations and maintenance documents reasonably necessary for immediate operation and maintenance, as required by the contract documents.
5) Make available a copy of the as-built drawings completed to date on site.
6) Start-up, testing required for immediate occupancy, as required by the contract documents.
7) Ability to secure access to the work has been provided to the owner, if required by the contract documents.
8) Demonstration and training, as required by the contract documents, is scheduled by the contractor acting reasonably.
GC 12.1 READY FOR TAKEOVER
12.1.2
If any pre-requisites set forth in paragraphs 12.1.3 to 12.1.6 must be deferred because of conditions reasonably beyond the control of the contractor, or by agreement between the owner and the contractor to do so, ready for takeover SHALL NOT be delayed.
GC 12.1 READY FOR TAKEOVER
12.1.3
When the contractor considers that the work is ready for takeover, the contractor SHALL deliver to the consultant and to the owner a comprehensive list of items to be completed or corrected, together with a written application for ready for takeover for review.
Failure to include an item on the list does not alter the responsibility of the contractor to complete the contract.
GC 12.1 READY FOR TAKEOVER
12.1.4
The consultant WILL review the work to verify the validity of the application and will promptly, and in any event, no later than 10 calendar days after receipt of the contractor’s list and application:
1) Advise the contractor in writing that the work is not ready for takeover and give reasons why, or
2) Confirm the date of ready for takeover in writing to each of the owner and the contractor.
GC 12.1 READY FOR TAKEOVER
12.1.5
Immediately following the confirmation of the date of ready for takeover, the contractor, in consultation with the consultant SHALL establish a reasonable date for finishing the work.
GC 12.1 READY FOR TAKEOVER
12.1.6
The provision of GC 12.1 - READY FOR TAKEOVER SHALL be subject to GC 12.2 - EARLY OCCUPANCY BY THE OWNER.
GC 12.2 - EARLY OCCUPANCY BY THE OWNER
12.2.1
The owner may take occupancy of a part or the etirety of the work before ready for takeover has been attained only as agreed by the contractor which agreement SHALL not be unreasonably withheld.
GC 12.2 - EARLY OCCUPANCY BY THE OWNER
12.2.2
The owner SHALL not occupy a part or the entirety of the work without prior approval by authorities having jurisdiction.
GC 12.2 - EARLY OCCUPANCY BY THE OWNER
12.2.3
If the owner takes occupancy of a part of the work before ready for takeover has been attained:
1) The part of the work which is occipied SHALL be deemed to have been taken over by the owner as from the date on which it is occupied.
2) The contractor SHALL cease to be liable for the care of such part as from this date, when responsibility SHALL pass to the owner.
3) The warranty period specified in paragraph 12.3.1 of GC 12.3 - WARRANTY for that part of the work SHALL start from the date on which it is occupied.
GC 12.3 WARRANTY
12.3.1
Except for extended warranties as described in paragraph 12.3.6, the warranty period under the contract is one year from the date when ready for takeover has been attained.
GC 12.3 WARRANTY
12.3.2
The contractor SHALL be responsible for the proper performance of the work to the extent that the design of the contract documents permit such performance.
GC 12.3 WARRANTY
12.3.3
The owner, through the consultant SHALL promptly give the contractor notice in writing of observed defects and deficiencies which occur during the one year warranty period.
GC 12.3 WARRANTY
12.3.4
Subject to paragraph 12.3.2 the contractor SHALL correct promptly, at the contractor’s expense, defects or deficiencies in the work which appear prior to and during the one year warranty period.
GC 12.3 WARRANTY
12.3.5
The contractor SHALL correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4
GC 12.3 WARRANTY
12.3.6
Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, SHALL be as specified in the contract documents. Extended warranties SHALL be issued by the warrantor to the benefit of the owner. The contractor’s responsibility with respect to extended warranties SHALL be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor.
