54.1 The Contractor expressly warrants and guarantees that the project will be constructed in a first-class, workmanlike manner; that it will be safe, free from structural and workmanship defects and defects in materials; and that the improvements will be suitable and fit for occupancy and for the purpose for which they were intended.
54.2 Neither the Architect's approval of the final Request for Payment nor payment of any Request for Payment or of any sum previously withheld from the Contractor shall relieve the Contractor of responsibility for the warranty and guarantee hereunder or for faulty materials or workmanship, and, unless otherwise agreed, they unconditionally agrees to remedy any defects due thereto, and pay for any damages resulting therefrom, which shall appear within a period of one (1) years from the date set forth in the Letter of Acceptance of his work.
54.3 The Owner, the Architect, and the Contractor together shall make one (1) complete inspection of the work after the work has been accepted by the Architect and the Owner. The inspection shall be made approximately eleven (11) months after the final acceptance of the work. The Architect shall make a written report of the inspection, certified as to contents and date of inspection, and forward the report by mail to the Owner and the Contractor within seven (7) days after completion of the inspection. The Contractor shall immediately initiate such remedial work as may be necessary to correct any deficiencies or defective work shown by this report, and shall complete all such remedial work within 30 calendar days in a manner acceptable to the Owner.
54.4 If the Contractor fails to promptly correct all deficiencies and defects shown by the report, the Owner may do so, after giving the Contractor ten (10) days' written notice of
intention to do so. The Owner shall be entitled to collect from the Contractor all costs and expenses incurred in correcting such deficiencies and defects, as well as all damages resulting from such deficiencies and defects. The guarantee and warranties of the Contractor provided for herein are in addition to and not in lieu of any other remedies available to the Owner.
GC 55.
LIMITATION OF ACTIONS AND VENUE
55.1 Any actions against the Contractor, his subcontractors, suppliers, or others providing materials or services for the project, brought to recover damages for injury to person, damage to property, including loss or damage to the property or the project itself, or defects in materials caused by the design, manufacture, supplying, planning, supervision, inspection, construction, or observation of construction of the project shall be brought within six (6) years after such claim for relief arises and the nature and extent are fully discovered.
55.2 In no case shall such an action be brought more than ten (10) years after the final completion and acceptance of the project; provided, however, that in any case where the cause of action arises during the tenth year, such action shall be brought within six (6) years after such cause of action arises and the nature and extent are fully discovered by the Owner.
55.3 All claims and disputes arising out of and relating to this Agreement shall be resolved by litigation. Venue shall lie exclusively in the Jefferson County District Court, State of Colorado.
GC 56.
SOIL TEST REPORT
56.1 The Owner may arrange for a separate consultant to conduct field and laboratory soil investigations on the site and to prepare a report of the findings. Such reports, if accomplished, will be available for review by the Contractor in the Architect's office. Such data is offered solely for reference and is not to be considered a part of the Contract Documents. The data contained in any such document prepared for the Owner by a separate consultant is believed to be reliable; however, the Owner and Architect do not guarantee its accuracy or completeness. All applicable subcontractors shall be fully familiar with the contents of such reports, if prepared, and shall consider and evaluate them in the performance of their contracts.
GC 57.
EXPEDITING MATERIALS
57.1 Each Contractor shall, immediately after receipt of Notice of Contract Award and approval of his list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the work. He shall, when requested, submit to the Architect evidence that such orders have been placed. The Contractor shall exercise due diligence in seeing that all equipment, materials, and supplies are delivered well in advance of the time they are needed on the job; and they shall properly store and protect same at their expense and in accordance with these General Conditions, either at the site or elsewhere as approved by the Architect.
GC 58.
MISCELLANEOUS KEYS, SWITCHES, ETC.
58.1 Except as otherwise specifically required by the Project Technical Specifications at the completion of the project, all loose keys for hose bibs, adjustment keys and wrenches for door closers and panic hardware, keys for electric switches, electrical panels, and all other equipment shall be identified and accounted for and turned over to the Architect for transmittal to the Owner.