§ 1804S.2. Adequacy of Design and Construction  


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  • It is understood that the Owner/Developer will employ competent Consulting Engineers. The Owner/Developer, therefore, shall be responsible for the adequacy of the design, compatibility of the Contract Documents, safety of all structures and construction procedures, and the practicability of operations of the completed Work. The burden of proof shall be the responsibility of the Owner/Developer to demonstrate compliance with all requirements of the Contract Documents, along with all approved additions and alterations to the Contract Documents.

    If during the Warranty Period following final acceptance by the City of Austin, the Work exhibits: (a) damage, deterioration, distress and/or failures; (b) requires excessive maintenance or rehabilitation work due to defects in materials, products, or substandard work, including utility backfill; and/or (c) design inadequacies are uncovered and identified, the Department of Watershed Protection and Development Services and the Owner/Developer shall be notified of these conditions by the Director or designated representative. The Owner/Developer shall take the corrective action(s) within 10 calendar days, which is (are) accepted by the Director or designated representative and approved by the Department of Watershed Protection and Development Services. Upon written request of the Director, the Department of Watershed Protection and Development Services will suspend or revoke any new development or building permits by the Owner/Developer, until the deficiency (or deficiencies) of the Work is (are) satisfactorily corrected (The City of Austin Code of Ordinances Volume II, Land Development Code Sections 25-1-417 and 25-1-418).