Common use of Construction Warranty and Guarantee Clause in Contracts

Construction Warranty and Guarantee. Any facilities to be dedicated to City shall have a contract warranty with a guarantee of 2 years, enforceable by City as both Owner’s assignee and as a third-party beneficiary. In addition, Owner’s contract(s) with its Contractor for the construction of any facilities to be dedicated to City (including the Offsite Facilities) shall: (i) state that the “OWNER” includes Owner and its permitted assigns, including City, and (ii) include the following provision: “Immediately before the expiration of the two-year guarantee period, the CONTRACTOR shall make an inspection of the Work in the company of the Engineer and Owner. The Engineer and Owner shall be given not less than 20 days’ notice prior to the anticipated date of Guarantee expiration and the inspection. Failure to comply with these requirements within the guarantee period shall extend the guarantee period until 20-days after the inspection is completed. During the guarantee period, where any portion of the Work is found to be defective and requires replacement, repair or adjustment (whether as a result of the foregoing inspection or otherwise), the CONTRACTOR shall immediately provide materials and labor necessary to remedy such defective work and shall prosecute such work without delay until completed to the satisfaction of the Engineer and Owner, even though the date of completion of the corrective work may extend beyond the expiration date of the guarantee period. The CONTRACTOR shall not be responsible for correction of work which has been damaged because of neglect or abuse.” Owner shall provide a copy of the contract to City upon execution, assign the contract to City and shall immediately advise City of any notice it receives under this provision, and send City a copy of the notice as provided in this Agreement.

Construction Warranty and Guarantee. Any facilities to be dedicated to the City shall have a contract warranty with a guarantee of at least 2 years, enforceable by the City as both Owner’s assignee and as a third-party beneficiary. In addition, Owner’s contract(s) with its Contractor for the construction of any facilities to be dedicated to the City (including the Offsite Facilities) shall: (i) state that the “OWNER” includes the Owner and its permitted assigns, including the City, and (ii) include the following provision: “Immediately before the expiration of the two2-year guarantee period, the CONTRACTOR shall make an inspection of the Work in the company of the Engineer and Ownerthe OWNER. The Engineer and Owner the OWNER shall be given not less than 20 days’ days notice prior to the anticipated date of Guarantee expiration and the inspection. Failure to comply with these requirements within the guarantee period shall extend the guarantee period until 20-days after the inspection is completed. During the guarantee period, where any portion of the Work is found to be defective and requires replacement, repair or adjustment (whether as a result of the foregoing inspection or otherwise), the CONTRACTOR shall immediately provide materials and labor necessary to remedy such defective work and shall prosecute such work without delay until completed to the satisfaction of the Engineer and Ownerthe OWNER, even though the date of completion of the corrective work may extend beyond the expiration date of the guarantee period. The CONTRACTOR shall not be responsible for correction of work which has been damaged because of neglect or abuse.” The Owner shall provide a copy of the contract to the City upon execution, assign the contract to the City as provided in § 3.10, and shall immediately advise the City of any notice it receives under this provision, and send the City a copy of the notice as provided in this Agreement.

Construction Warranty and Guarantee. Any facilities to be dedicated to the City shall have a contract warranty with a guarantee of at least 2 years, enforceable by the City as both Owner’s assignee and as a third-party beneficiary. In addition, Owner’s contract(s) with its Contractor for the construction of any facilities to be dedicated to the City (including the Offsite Facilities) shall: (i) state that the “OWNER” includes the Owner and its permitted assigns, including the City, and (ii) include the following provision: “Immediately before the expiration of the two2-year guarantee period, the CONTRACTOR shall make an inspection of the Work in the company of the Engineer and Ownerthe OWNER. The Engineer and Owner the OWNER shall be given not less than 20 days’ notice prior to the anticipated date of Guarantee expiration and the inspection. Failure to comply with these requirements within the guarantee period shall extend the guarantee period until 20-days after the inspection is completed. During the guarantee period, where any portion of the Work is found to be defective and requires replacement, repair or adjustment (whether as a result of the foregoing inspection or otherwise), the CONTRACTOR shall immediately provide materials and labor necessary to remedy such defective work and shall prosecute such work without delay until completed to the satisfaction of the Engineer and Ownerthe OWNER, even though the date of completion of the corrective work may extend beyond the expiration date of the guarantee period. The CONTRACTOR shall not be responsible for correction of work which has been damaged because of neglect or abuse.” The Owner shall provide a copy of the contract to the City upon execution, assign the contract to the City as provided in § 3.10, and shall immediately advise the City of any notice it receives under this provision, and send the City a copy of the notice as provided in this Agreement.

Construction Warranty and Guarantee. Any facilities to be dedicated to the City shall have a contract warranty with a guarantee of at least 2 years, enforceable by the City as both Owner’s 's assignee and as a third-party beneficiary. In addition, Owner’s 's contract(s) with its Contractor for the construction of any facilities to be dedicated to the City (including the Offsite Facilities) shall: (i) state that the “"OWNER” " includes the Owner and its permitted assigns, including the City, and (ii) include the following provision: “"Immediately before the expiration of the two2-year guarantee period, the CONTRACTOR shall make an inspection of the Work in the company of the Engineer and Ownerthe OWNER. The Engineer and Owner the OWNER shall be given not less than 20 days’ ' notice prior to the anticipated date of Guarantee expiration and the inspection. Failure to comply with these requirements within the guarantee period shall extend the guarantee period until 20-days after the inspection is completed. During the guarantee period, where any portion of the Work is found to be defective and requires replacement, repair or adjustment (whether as a result of the foregoing inspection or otherwise), the CONTRACTOR shall immediately provide materials and labor necessary to remedy such defective work and shall prosecute such work without delay until completed to the satisfaction of the Engineer and Ownerthe OWNER, even though the date of completion of the corrective work may extend beyond the expiration date of the guarantee period. The CONTRACTOR shall not be responsible for correction of work which has been damaged because of neglect or abuse.” " The Owner shall provide a copy of the contract to the City upon execution, assign the contract to the City as provided in § 3.10, and shall immediately advise the City of any notice it receives under this provision, and send the City a copy of the notice as provided in this Agreement.

Construction Warranty and Guarantee. Any facilities to be dedicated to the City shall have a contract warranty with a guarantee of at least 2 years, enforceable by the City as both Owner’s assignee and as a third-party beneficiary. In addition, Owner’s contract(s) with its Contractor for the construction of any facilities to be dedicated to the City (including the Offsite Facilities) shall: (i) state that the “OWNER” includes the Owner and its permitted assigns, including the City, and (ii) include the following provision: “Immediately before the expiration of the two2-year guarantee period, the CONTRACTOR shall make an inspection of the Work in the company of the Engineer and Ownerthe OWNER. The Engineer and Owner the OWNER shall be given not less than 20 days’ notice prior to the anticipated date of Guarantee guaranteed expiration and the inspection. Failure to comply with these requirements within the guarantee period shall extend the guarantee period until 20-days after the inspection is completed. During the guarantee period, where any portion of the Work is found to be defective and requires replacement, repair or adjustment (whether as a result of the foregoing inspection or otherwise), the CONTRACTOR shall immediately provide materials and labor necessary to remedy such defective work and shall prosecute such work without delay until completed to the satisfaction of the Engineer and Ownerthe OWNER, even though the date of completion of the corrective work may extend beyond the expiration date of the guarantee period. The CONTRACTOR shall not be responsible for correction of work which has been damaged because of neglect or abuse.” The Owner shall provide a copy of the contract to the City upon execution, assign the contract to the City as provided in § 3.9, and shall immediately advise the City of any notice it receives under this provision, and send the City a copy of the notice as provided in this Agreement.