Common use of Contractor's Warranty as to Performance Clause in Contracts

Contractor's Warranty as to Performance. The Contractor warrants that he is familiar with the codes applicable to the Work and that he has the skill, knowledge, competence, organization, and plant to execute the Work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor has the obligation to keep a competent superintendent on the Work during its progress, to employ only skilled workers, and to enforce strict discipline and good order among his employees. The Contractor is responsible for seeing that the Work is installed in accordance with the Contract Documents. Failure or omission on the part of the Owner, representatives of the Owner, agents of the Owner, the Contract Compliance Specialist, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional either to discover or to bring to the attention of the Contractor any deviation from, omission from, or noncompliance with the Contract Documents shall not be used by the Contractor or its surety as a defense for failure on his part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; neither shall the presence of any one, or all, or any of the foregoing at the Site or the fact that any one, or all, or any of the foregoing may have examined the Work or any part of the Work be used as a defense by the Contractor against a claim for failure on his part to install the Work in accordance with the Contact Documents or for any neglect to fulfill requirements of the Contract. No requirement of this Contract may be altered or waived except by Change Order.

Appears in 60 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Contractor's Warranty as to Performance. The Contractor warrants that he is familiar with the codes applicable to the Work and that he has the skill, knowledge, competence, organization, and plant plan to execute the Work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor has the obligation to keep a competent superintendent on the Work during its progress, to employ only skilled workers, and to enforce strict discipline and good order among his employees. The Contractor is responsible for seeing that the Work is installed in accordance with the Contract Documents. Failure or omission on the part of the Owner, representatives of the Owner, agents of the Owner, the Contract Compliance Specialist, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional either to discover or to bring to the attention of the Contractor any deviation from, omission from, or noncompliance with the Contract Documents shall not be used by the Contractor or its surety as a defense for failure on his part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; neither shall the presence of any one, or all, or any of the foregoing at the Site or the fact that any one, or all, or any of the foregoing may have examined the Work or any part of the Work be used as a defense by the Contractor against a claim for failure on his part to install the Work in accordance with the Contact Documents or for any neglect to fulfill requirements of the Contract. No requirement of this Contract may be altered or waived except by Change Order.

Appears in 35 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Contractor's Warranty as to Performance. The Contractor warrants that he is familiar with the codes applicable to the Work and that he has the skill, knowledge, competence, organization, and plant plan to execute the Work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor has the obligation to keep a competent superintendent on the Work during its progress, to employ only skilled workers, and to enforce strict discipline and good order among his employees. The Contractor is responsible for seeing that the Work is installed in accordance with the Contract Documents. Failure or omission on the part of the Owner, representatives of the Owner, agents of the Owner, the Contract Compliance Specialist, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional either to discover or to bring to the attention of the Contractor any deviation from, omission from, or noncompliance with the Contract Documents shall not be used by the Contractor or its surety as a defense for failure on his part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; neither shall the presence of any one, or all, or any of the foregoing at the Site or the fact that any one, or all, or any of the foregoing may have examined the Work or any part of the Work be used as a defense by the Contractor against a claim for failure on his part to install the Work in accordance with the Contact Documents or for any neglect to fulfill requirements of the Contract. No requirement of this Contract may be altered or waived except by Change Order.

Appears in 1 contract

Samples: Design Bid Build Construction Contract

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