Construction Warranty Clause Samples

Construction Warranty. The Contractor hereby warrants to Seller and Buyer that all materials and equipment furnished with respect to the Property are new and the work performed by the Contractor with respect to the Property is of good and workmanlike quality, free from faults and defects, and in conformance with all contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Seller or Buyer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

Construction Warranty. 3.8.1. The Design Consultant and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies. The Design Consultant and its consultants shall conduct an inspection of the project one (1) month prior to warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist.

Construction Warranty. At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

Construction Warranty. If at any time during the construction of the Project or during the Warranty Period any faults, errors, omissions, or other defects in the Project are discovered, Owner's Representative may issue an instruction to Westfield which shall state in what respect there are defects in the Project and shall state a reasonable time within which Westfield shall remedy those defects, having due regard to the impact of the defects on the operational efficiency, safety or marketing of the Center expansion. Westfield shall promptly remedy such defects by appropriate reconstruction, replacement, correction or rectification work and shall complete the same within the time period stipulated in such instruction in accordance with the terms of this Agreement. Where such defects are due to materials and/or workmanship not being in accordance with the Plans and Specifications or Westfield's default under the terms of this Agreement, such remedy by Westfield shall be at no cost to Owner. Any defects in the Project rectified by Westfield during the Warranty Period ("Remedial Work") shall be subject to only one further warranty period. The warranty period for Remedial Work shall be twelve (12) months and shall commence on the date the Remedial Work is completed. Westfield's obligations under this Section 13.1 shall survive any termination of this Agreement following the Date of Substantial Project Completion for the duration of the applicable Warranty Period, but subject to the following provisos, shall not survive the termination of this Agreement prior to the Date of Substantial Project Completion pursuant to Article 16 or 17; PROVIDED, HOWEVER, in the event that the Warranty Period commences with respect to any completed Stage prior to the Date of Substantial Project Completion, then Westfield's warranty obligations with respect to such Stage shall survive any termination of this Agreement prior to the Date of Substantial Project Completion; and PROVIDED FURTHER that in the event this Agreement shall be terminated prior to the Date of Substantial Project Completion due to a material default by Westfield under this Agreement, then Westfield's warranty obligations with respect to the work that shall have been performed prior to such termination shall survive, except to the extent such work is damaged due to the acts or omissions of Owner, the successor developer or their respective subcontractors.

Construction Warranty. 3.6.1 The Engineer and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies. 3.6.2 The Engineer and its consultants shall conduct an inspection of the Individual Project one (1) month prior to warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist.

Construction Warranty. Landlord warrants the Leasehold Improvements against defective workmanship and materials for a period of one year after Substantial Completion thereof. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the defective item within such one year period. Landlord has no obligation to repair or replace any item after such one year period expires. THE WARRANTY TERMS PROVIDE THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, TORT, WARRANTY OR OTHER RIGHTS OR CLAIMS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.

Construction Warranty. (a) Seller shall provide a Limited Warranty to the Buyer at Closing. ▇▇▇▇▇ acknowledges receipt of a copy of the Limited Warranty at the time of signing this Contract. The Limited Warranty is the only warranty, express or implied, which Seller makes to the Buyer. BUYER INITIAL (b) IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT, EXCEPT FOR THE LIMITED WARRANTY AND EXCEPT FOR THOSE ITEMS NOTED IN THE “PUNCH LIST” PURSUANT TO THE FINAL WALK-THROUGH INSPECTION (SEE SECTION 15), SELLER IS NOT FURNISHING ANY OTHER WARRANTIES. BUYER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE DWELLING UNIT, THE PROPERTY AND OTHER IMPROVEMENTS CONSTRUCTED OR INSTALLED THEREON OR THEREIN, ARE EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY BUYER. (c) EXCEPT FOR THE LIMITED WARRANTY, BUYER ASSUMES THE RISK OF ANY AND ALL DAMAGE OCCURRING IN OR APPREARING ON THE PROPERTY OR THE DWELLING UNIT AND OTHER IMPROVEMENTS CONSTRUCTED THEREON AND APPURTENANT THERETO FROM AND AFTER THE DATE OF CLOSING, REGARDLESS OF THE CAUSE THEREOF. (▇) ▇▇▇▇▇ agrees that by Closing the purchase of the Dwelling Unit as contemplated by this Contract, ▇▇▇▇▇ accepts the terms of the Limited Warranty and agrees to be bound by them whether ▇▇▇▇▇ actually signs the Limited Warranty or not. ▇▇▇▇▇ acknowledges that ▇▇▇▇▇ has read the Limited Warranty. (e) ▇▇▇▇▇ agrees that, prior to initiating any lawsuit, mediation, arbitration or other civil action against Seller for construction defects, omissions or errors, or for any other reason, Buyer must first: i. Notify Seller in writing delivered by certified mail, return receipt requested, by overnight courier service (e.g. FedEx or UPS) or by personal service, of the nature of any claim, error or omission (“Alleged Defect”), stating the location and description of each Alleged Defect in sufficient detail to determine the general nature of the Alleged Defect and any damages claimed to have been caused by the Alleged Defect (“Defect Notice”). Failure to so notify Seller within thirty (30) days of Buyer’s first discovery of the Alleged Defect shall be deemed a waiver of any right to assert a claim for said Alleged Defect, or any other claim for the same Alleged Defect in another location o...

Construction Warranty. The Contractor hereby warrants to Seller and Buyer that all materials and equipment furnished with respect to the Property are new and the work performed by the Contractor with respect to the Property is of good and workmanlike quality, free from faults and defects, and in conformance with all contract documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The foregoing warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Seller or Buyer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor hereby guarantees to Seller and Buyer all work performed and materials and equipment furnished with respect to the Property against defects in materials and workmanship for a period of one year from the date of substantial completion of the entire Property, or for a longer period if so specified in the contract documents. The Contractor shall, within a reasonable time after receipt of written notice thereof, and without reimbursement under the construction contract, make good any defects in materials, equipment and workmanship which may develop within periods for which said material, equipment and workmanship are guaranteed and make good any damage to other work caused by the repairing of such defects.

Construction Warranty. All Work shall be free from defects and conform to the requirements of the Contract Documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and Work. Such warranties are referred to herein as the Construction Warranty.