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Questions and Answers
What is the primary purpose of an ad hoc committee in an organization?
What is the primary purpose of an ad hoc committee in an organization?
What is the primary goal of alternative dispute resolution?
What is the primary goal of alternative dispute resolution?
What is the purpose of an appeal in an organization?
What is the purpose of an appeal in an organization?
What is the primary function of articles of incorporation?
What is the primary function of articles of incorporation?
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What is the role of a board liaison in a committee?
What is the role of a board liaison in a committee?
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What is the primary purpose of the business judgment rule?
What is the primary purpose of the business judgment rule?
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What is the primary purpose of bylaws in a community association?
What is the primary purpose of bylaws in a community association?
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What is the primary purpose of CC&Rs (Covenants, Conditions & Restrictions) in a homeowners association?
What is the primary purpose of CC&Rs (Covenants, Conditions & Restrictions) in a homeowners association?
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What is the primary purpose of a community association?
What is the primary purpose of a community association?
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What is the definition of a condominium?
What is the definition of a condominium?
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What is the purpose of a default hearing?
What is the purpose of a default hearing?
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What is the main component of due process procedure?
What is the main component of due process procedure?
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What is the primary purpose of an employee handbook?
What is the primary purpose of an employee handbook?
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What is the definition of employment at will?
What is the definition of employment at will?
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What is the primary component of fiduciary duty?
What is the primary component of fiduciary duty?
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What is the purpose of a management audit?
What is the purpose of a management audit?
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What is the purpose of a management plan?
What is the purpose of a management plan?
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What is the hierarchy of authority in a community association?
What is the hierarchy of authority in a community association?
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What is the main purpose of a performance evaluation?
What is the main purpose of a performance evaluation?
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What is a mixed use development?
What is a mixed use development?
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What is the purpose of a public offering statement?
What is the purpose of a public offering statement?
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What is the main difference between a master association and a homeowners association?
What is the main difference between a master association and a homeowners association?
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What is the main purpose of a balance sheet?
What is the main purpose of a balance sheet?
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What is the purpose of a personnel manual?
What is the purpose of a personnel manual?
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What is a bad debt write-off?
What is a bad debt write-off?
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What is an umbrella association?
What is an umbrella association?
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What is the accrual basis of accounting?
What is the accrual basis of accounting?
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What is the main goal of baseline funding?
What is the main goal of baseline funding?
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What is an assessment in a community association?
What is an assessment in a community association?
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What is the purpose of a chart of accounts?
What is the purpose of a chart of accounts?
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What is the purpose of a progressive discipline system?
What is the purpose of a progressive discipline system?
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What is the Fair Debt Collection Practices Act?
What is the Fair Debt Collection Practices Act?
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What is the main difference between Chapter 7 and Chapter 11 bankruptcy?
What is the main difference between Chapter 7 and Chapter 11 bankruptcy?
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What is a statute?
What is a statute?
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What is the main purpose of an engagement letter?
What is the main purpose of an engagement letter?
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What is the main difference between cash basis and accrual basis of accounting?
What is the main difference between cash basis and accrual basis of accounting?
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What is FHA?
What is FHA?
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What is FICA?
What is FICA?
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What is the primary purpose of a reserve study?
What is the primary purpose of a reserve study?
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What is the main difference between treasury bills and treasury bonds?
What is the main difference between treasury bills and treasury bonds?
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What is the purpose of an action item list?
What is the purpose of an action item list?
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What is the purpose of a committee report?
What is the purpose of a committee report?
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What is the purpose of threshold funding?
What is the purpose of threshold funding?
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What is the purpose of zero-based budgeting?
What is the purpose of zero-based budgeting?
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What is the purpose of an agenda?
What is the purpose of an agenda?
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What is the purpose of abstention in a vote?
What is the purpose of abstention in a vote?
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What is the purpose of a ballot?
What is the purpose of a ballot?
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What is the purpose of debate in an election?
What is the purpose of debate in an election?
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What is the purpose of an executive session in a community association?
What is the purpose of an executive session in a community association?
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What is the definition of a quorum in a community association?
What is the definition of a quorum in a community association?
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What is the purpose of a management report in a community association?
What is the purpose of a management report in a community association?
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What is the definition of actual cash value (ACV) in insurance?
What is the definition of actual cash value (ACV) in insurance?
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What is the purpose of a notice of meeting in a community association?
What is the purpose of a notice of meeting in a community association?
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What is the definition of coinsurance in property insurance?
What is the definition of coinsurance in property insurance?
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What is the purpose of a financial report in a community association?
What is the purpose of a financial report in a community association?
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What is the definition of cross liability in insurance?
What is the definition of cross liability in insurance?
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What is the purpose of a motion in a community association?
What is the purpose of a motion in a community association?
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What is the purpose of tabling a motion in a community association?
What is the purpose of tabling a motion in a community association?
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What type of insurance is designed to pay for damages arising from wrongful acts that do not lead to property damage, bodily injury, advertising injury, or personal injury?
What type of insurance is designed to pay for damages arising from wrongful acts that do not lead to property damage, bodily injury, advertising injury, or personal injury?
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What is the main purpose of endorsements in insurance policies?
What is the main purpose of endorsements in insurance policies?
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What is the primary purpose of a federally established secondary mortgage institution?
What is the primary purpose of a federally established secondary mortgage institution?
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What is foreclosure in the context of community associations?
What is foreclosure in the context of community associations?
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What type of insurance protects against employee dishonesty?
What type of insurance protects against employee dishonesty?
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What is the term for the process of obtaining resources to pay for any financial consequences of accidental loss?
What is the term for the process of obtaining resources to pay for any financial consequences of accidental loss?
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What is the goal of the full funding strategy in community associations?
What is the goal of the full funding strategy in community associations?
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What is the purpose of GAAP (Generally Accepted Accounting Principles)?
What is the purpose of GAAP (Generally Accepted Accounting Principles)?
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What is the term for the type of property that includes buildings, land, and intangible property?
What is the term for the type of property that includes buildings, land, and intangible property?
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What is historical trend budgeting in the context of community associations?
What is historical trend budgeting in the context of community associations?
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What is the term for the ability to respond to unpredictable problems, such as sewer backups and roof leaks?
What is the term for the ability to respond to unpredictable problems, such as sewer backups and roof leaks?
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What is the term for the process of operating, maintaining, repairing, and replacing common property?
What is the term for the process of operating, maintaining, repairing, and replacing common property?
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What is the primary purpose of placing a lien on a delinquent owner's property?
What is the primary purpose of placing a lien on a delinquent owner's property?
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What is the primary purpose of a representation letter?
What is the primary purpose of a representation letter?
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What is the term for the waiver of an insurer's right to require the association to transfer recovery rights to the insurer regarding unit owners?
What is the term for the waiver of an insurer's right to require the association to transfer recovery rights to the insurer regarding unit owners?
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What is the term for the duplication or separation of property exposures to loss?
What is the term for the duplication or separation of property exposures to loss?
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What is the primary purpose of the operating budget in a community association?
What is the primary purpose of the operating budget in a community association?
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What is the term for the type of insurance that covers the value of demolishing any undamaged portion of a building?
What is the term for the type of insurance that covers the value of demolishing any undamaged portion of a building?
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What is a net loss in the context of community associations?
What is a net loss in the context of community associations?
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What is the primary purpose of notes to financial statements?
What is the primary purpose of notes to financial statements?
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What is the primary purpose of a work order/response form?
What is the primary purpose of a work order/response form?
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What is the purpose of a bid request?
What is the purpose of a bid request?
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What is the purpose of a responsibility chart?
What is the purpose of a responsibility chart?
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What is the purpose of a scheduled replacement?
What is the purpose of a scheduled replacement?
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What is the purpose of a modification provision?
What is the purpose of a modification provision?
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What is the purpose of a payment bond?
What is the purpose of a payment bond?
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What is the purpose of a performance bond?
What is the purpose of a performance bond?
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What is the purpose of a prospective bidder's questionnaire?
What is the purpose of a prospective bidder's questionnaire?
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What is the purpose of a severability provision?
What is the purpose of a severability provision?
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What is the purpose of a waiver of lien?
What is the purpose of a waiver of lien?
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Study Notes
Governance and Compliance
- An ad hoc committee is a temporary committee formed to address a specific issue or objective that cannot be absorbed by a standing committee.
- Alternative dispute resolution involves resolving conflicts through mediation, arbitration, or other methods without a formal trial or hearing.
- An appeal is a request to review a case by a higher authority, as permitted by governing documents or statutes.
- Articles of incorporation define a corporation's purpose, powers, and structure, including whether it will issue stock and have a board of directors.
- A board liaison system assigns directors to committees to guide policy and procedures and report back to the board.
Community Associations
- A community association is a group of owners who work together to maintain and enhance their homes and property.
- A condominium is a type of community association where owners have an undivided interest in common elements.
- A cooperative is a type of community association where owners own stock or membership and hold a proprietary lease or occupancy agreement.
- CC&Rs (Covenants, Conditions & Restrictions) are governing documents that dictate how a community association operates and the rules owners must follow.
Governance and Management
- Bylaws are formally adopted governing regulations for a community association's administration and management.
- A declaration is a document that outlines a community association's purpose, powers, and structure.
- Governing documents provide the legal structure and operation of a community association.
- A hierarchy of authority exists among governing documents, with rules and architectural guidelines subordinate to higher authorities.
Financial Management
- Acceleration is the collection of all assessments due through the end of the fiscal year.
- Accrual basis of accounting records income when earned and expenses when incurred.
- An assessment is an owner's financial obligation to the community association during a given period.
- Assets include anything owned by the community association that has value.
Meetings
- Abstention is when a participant in a vote does not cast a ballot, either by not attending or by not voting.### Meeting and Voting Procedures
- Abstention: a voting individual's ambivalence or mild disapproval that doesn't rise to the level of active opposition; does not count in tallying the vote.
- Action item list: documented events, tasks, or activities that need to take place; reviewed at the next meeting and facilitator checks status.
- Agenda: a list of meeting activities in the order they are taken up, beginning with the call to order and ending with adjournment.
- Amend a motion: modify another motion; takes three basic forms: inserting or adding words/paragraphs, striking out words/paragraphs, and substituting an entire paragraph or resolution.
- Ballot: a device used to record choices made by voters; each voter uses one ballot.
- Committee report: highlights matters to be decided and recommendations by the committee; includes supporting research and clear actions requested from the board.
- Debate: a formal discussion involving opposing candidates vying for the same position.
- Executive session: a discussion or decision-making process of a sensitive nature; typically includes personnel issues, contract negotiations, lawsuits, and governing document violations.
- Financial report: a report on the community's financial condition and activities, including general ledger, variance, accounts payable, income statement, and balance sheet.
- Majority: over 50% of the votes needed to win an election; can come from owners who attend the meeting, in person or by proxy.
- Management report: a report on the association's current management and administrative activities.
- Minutes: a document of the decisions made during the meeting; provides a permanent public record of positions and actions taken by the board.
- Motion: a formal proposal stating that the association took certain action.
- Notice of meeting: an official announcement that a meeting will take place, sent in writing to board members at least a week before the meeting.
- Parliamentary procedure: a body of rules, ethics, and customs governing meetings and other operations.
- Plurality: awards the election to the candidate with the most votes, regardless of whether they received the majority.
- Proxy: a person authorized to act or vote in place of another resident who could not be present.
- Quorum: the number of residents required to be present to transact business legally, established in the association's by-laws.
Risk Management
- Actual cash value (ACV): the depreciated value of an item.
- Advertising injury: provisions in CGL (comprehensive general liability) include language providing coverage for damages resulting from "misappropriation of advertising ideas or style of doing business" or "infringement of copyright, slogan, or title."
- Agreed amount endorsement: provides for an agreed-upon limit of property insurance.
- Coinsurance: a standard element in most property policies that obligates the insured to maintain a certain limit of property insurance based on a stated percentage.
- Common declarations: a section of the policy that includes information such as the name and address of the insured and the period of coverage.
- Common policy conditions: basic provisions that apply to all insurance coverages in the package, including when to file proof of a loss or what happens when a premium is not paid.
- Contingent liability: covers the value of any undamaged portion of a building that may have to be replaced due to building laws.
- Contractual transfers: involves entering into a contract that transfers the community association's legal responsibility for any loss.
- Cross liability: allows an owner to bring a claim against their community association; standard for owners to be insured in liability insurance for condominiums and cooperatives.
- Directors and officers liability insurance: designed to pay for damages arising from wrongful acts that do not lead to property damage, bodily injury, advertising injury, or personal injury.
- Direct writer system of insurance: comprised of employees of a single insurance company who only place the insurance of that company.
- Electronic data processing (EDP): insurance may be needed for computer equipment, networks, websites, security systems, protection from hackers, and similar information technology exposures.
- Endorsements: expand, contract, or clarify coverage.
- Exposure avoidance: avoiding circumstances that would expose the community association to certain types of loss.
- Extra demolition: covers the value of demolishing any undamaged portion of a building.
- Fidelity insurance: protects against employee dishonesty that may lead to the theft of money, securities, or property.
- HO-1, -2, -3, -4, -5, -6 policies: policies for owner-occupied units, tenants, and condominium or cooperative unit owners.
- Liability exposure to loss: losses arise when a person or entity threatens or actually brings a legal claim against the community association, its members, or others whom it must indemnify by contract.
- Personal injury (PI): injury arising from libel, slander, false arrest, invasion of privacy, wrongful entry, or malicious prosecution.
- Personal property: inventory, furniture, fine arts, equipment, supplies, machinery, electronic data processing (EDP), and valuable papers and records.
- Policy forms: define the type of insurance coverage provided, including property, liability, and boiler and machinery.
- Property exposure to loss: property losses can be to tangible community association property (buildings and contents) or to intangible association property (information, proprietary Web site, etc.).
- Real property: includes buildings, land, and the newest type of property exposure.
- Risk financing: the process of obtaining resources to pay for any financial consequences of accidental loss.
- Segregation of exposure: involves the duplication or separation of property exposures to loss.
- Third-party insurance: liability coverage purchased by an insured from an insurer for protection against claims of another.
- Waiver of subrogation: the insurer waives its right to require the association to transfer recovery rights to the insurer regarding unit owners.
Property Maintenance
- Emergency services maintenance: the ability to respond to unpredictable problems, such as sewer backups, slope failures, roof leaks, and frozen pipes.
- Facilities management: the process of operating, maintaining, repairing, and replacing common property.
- Inspection report: a compilation of all maintenance needs identified during an inspection.
- Maintenance contact sheet: a useful management control to record various maintenance services and information needed in case of an emergency.
- Maintenance record: a record of when maintenance was done, as opposed to the maintenance calendar which tells when it ought to be done.
- Management control: any means used to track, record, remind, or command attention, usually forms or documents.
- Preventive maintenance: periodic maintenance to avoid disruptive breakdowns and prolong the useful life of physical assets.
- Requested or corrective maintenance: maintenance requested by an owner, a tenant, or the board, or identified during routine inspection of the property.
- Responsibility chart: a management control to keep track of who is responsible for the maintenance of various property elements or areas.
- Scheduled replacement: replacing physical assets as they wear out or break, considered a part of maintenance.
- Work order/response form: a form for assigning work to be done in any one of the five maintenance programs described earlier.
Contracting
- Assignability provision: a provision that states neither party may assign its obligations under the contract to any other person without the express written consent of the other party.
- Bid request: an announcement that an organization is interested in receiving proposals for a particular project.
- Bid specifications: detailed instructions about the products or services requested through the bid request.
- Contract: an agreement between two or more parties, enforceable by law, by which each party promises to do or not to do something.
- Default: failure of either party to fulfill the terms of the contract.
- Entire obligation provision: a provision that states the written, signed contract constitutes the entire obligation of the parties.
- Modification provision: a provision that states the contract may not be modified in any way unless such modification is written and signed by both parties.
- Payment bond: a bond that guarantees the contractor's suppliers and any subcontractors will be paid if the contractor does not pay them.
- Performance bond: a guarantee by a surety to protect the community association if the contractor fails to perform or finish the work.
- Progress payments: partial payments based on some demonstrable progress in completing the work involved.
- Prospective bidder's questionnaire: a document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope.
- Qualification sheet: a document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope.
- Request for proposal (RFP): an announcement that an organization is interested in receiving proposals for a particular project.
- Severability provision: a provision that states if a court finds that any clause of the contract is illegal or unenforceable, that clause shall be severed from the rest of the contract.
- Waiver of lien: a document that gives up the right to make a claim against the community association for payments not received.
- Waiver provision: a provision that states a waiver by one party of any breach of contract by the other party shall not act as a general waiver of future breaches.
- Warranty: a warranty should state what is covered, for how long, and what the contractor will do if the work or product proves defective.
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