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

Contractor's Warranty as to Performance. The Contractor warrants that it is familiar with the codes applicable to the Work and that it 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 having the obligation to keep a competent superintendent engaged on the Work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among its employees, the Contractor, itself, 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, resident engineer inspector, clerk-of-the-works, engineers employed by the Engineer, representatives of the Engineer, or the Engineer 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 asserted by the Contractor as a defense for failure on the Contractor’s part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; nor 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 it be asserted as a defense by the Contractor against a claim for failure on its 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 in pursuance of a written order of the Owner and in strict accordance with the provisions in the Contract for changes in the Work.

Contractor's Warranty as to Performance. The Contractor warrants that it is familiar with the codes applicable to the Work and that it 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 having the obligation to keep a competent superintendent engaged on the Work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among its employees, the Contractor, itself, 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, resident engineer inspector, clerk-of-the-works, engineers employed by the Engineer, representatives of the Engineer, or the Engineer 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 asserted by the Contractor as a defense for failure on the Contractor’s part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; nor 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 it be asserted as a defense by the Contractor against a claim for failure on its 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 in pursuance of a written order of the Owner and in strict accordance with the provisions in the Contract for changes in the Work.that

Contractor's Warranty as to Performance. The Contractor warrants that it is familiar with the codes applicable to the Work and that it 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 having the obligation to keep a competent superintendent engaged on the Work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among its employees, the Contractor, itself, 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, resident engineer Engineer inspector, clerk-of-the-works, engineers Engineers employed by the Engineer, representatives of the Engineer, or the Engineer 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 asserted by the Contractor as a defense for failure on the Contractor’s part to install the Work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; nor 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 it be asserted as a defense by the Contractor against a claim for failure on its 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 in pursuance of a written order of the Owner and in strict accordance with the provisions in the Contract for changes in the Work.