Common use of Contractor’s General Warranty and Guarantee Clause in Contracts

Contractor’s General Warranty and Guarantee. Contractor warrants to the Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the best finish and workmanship. The Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. The Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract Sum for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, the Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by the Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any repair or correction of such defect made by the Owner.

Appears in 7 contracts

Samples: Construction Contract, Construction Contract, Construction Management Agreement

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Contractor’s General Warranty and Guarantee. Contractor warrants to the Owner that all Work is executed in accordance with the ContractJob Order Documents, complete in all parts and in accordance with approved practices and customs, and of the best required finish and workmanship. The Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract Job Order are new. The Owner may, at its option, agree in writing to waive any failure of the Work to conform to the ContractJob Order Documents, and to accept a reduction in the Contract Job Order Sum for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, the Contractor's ’s obligation to perform and complete the Work in accordance with the Contract Job Order Documents is absolute and is not waived by any inspection or observation by the Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any repair or correction of such defect made by the Owner.

Appears in 1 contract

Samples: Master Agreement for Small Job Order Contracting Services

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Contractor’s General Warranty and Guarantee. Contractor warrants to the Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the best required finish and workmanship. The Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. The Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract Sum for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, the Contractor's ’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation observation, or lack thereof, by the Owner, A/E Design Professional, or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any repair or correction of such defect made by the Owner.

Appears in 1 contract

Samples: Construction Manager at Risk Agreement

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