This question in the Black Spectacles practice exam is throwing me off - can someone please provide clarity on how this response falls under the one year warranty and not the 10 year statute of repose? Maybe it's just interpretation of the question... I'm hoping there is a clear logic that someone is able to provide clarity on.
The architect has issued the Certificate of Substantial Completion, and the contractor is preparing the majority of its crew to move on to the next job. Six months later, the maintenance crew realizes that the elevator shaft was never properly vented.
After substantial completion, how much time does the owner have to bring this issue to the contractor's attention?
I responded 10 years, because the owner has 10 years (statute of repose) to bring this issue to the contractor's attention, via a claim. The correct answer was one year , with the explanation- According to AIA A201-2017 Article 126.96.36.199, if any of the work is found to not be in compliance with the contract documents, the contractor shall promptly complete it. This is known as the 1-year correction period. The 1-year correction period begins at substantial completion.
Is there language in this question that makes it clear that the warranty, and not statute of repose period is being referred to in this question that I am missing?
Thanks in advance for any help!
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