ABSTRACT
The Contractor warrants that the Work is free from latent defects and latent deficiencies for a period of <<insert number>> Days from the Provisional Acceptance Date[; provided that the Contractor shall not have any liability until an individual breach is for an item or service whose cost to repair, replace, or re-perform exceeds <<insert currency and amount>> and until the aggregate amount for all breaches exceeds <<insert currency and amount>> for all such claims for such latent defects and deficiencies and thereupon the Contractor shall have liability for all such breaches including any breaches for which it previously did not have, liability under this Article 13.3 [, {provided that the warranty for latent defects and
deficiencies in any Work supplied pursuant to the <<Vendor Agreement>> shall not exceed the warranty for latent defects and deficiencies provided pursuant to the <<Vendor Agreement>>}]]. Upon discovery by the Sponsor of latent defect or latent deficiency for which a claim is to be made under this Article 13.3, the Sponsor shall promptly provide the details of the latent defect or latent deficiency to the Contractor by written notice. Any such latent defects or latent deficiencies shall be corrected and made good by the Contractor at its sole cost as prescribed in Article 13.2 and Article 13.4. By way of illustration and not exclusion, latent defects and latent deficiencies include defects or deficiencies which were in existence during the Warranty Notification Period but were not visually apparent to the naked eye during the Warranty Notification Period. In all cases, a defect or deficiency is latent if it is of a nature such that it is either (i) patent; (ii) not readily apparent upon a visual inspection by the naked eye, (iii) not discernible without disassembly of Work; or (iv) it would not reasonably be expected to manifest itself until after the Warranty Notification Period ends.
