Common use of Limited Design Warranty Clause in Contracts

Limited Design Warranty. The Design Professional warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development File, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below.

Limited Design Warranty. The Design Professional warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development FilePredesign Study, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below.

Limited Design Warranty. The Design Professional warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development File, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services indemnity as defined below.

Limited Design Warranty. The Design Professional Builder warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Using Agency’s Program, are consistent with sound design principles commonly used by Design Professionals Builders under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional Builder further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional Builder meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional Builder does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design ProfessionalBuilder, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional Builder is that (i) the Design Professional Builder shall redesign the defective design, consistent with the Program or Project Development FileUsing Agency’s Program, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional Builder shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design ProfessionalBuilder’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below...

Limited Design Warranty. The Design Professional warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development FilePredesign Study, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services indemnity as defined below.

Limited Design Warranty. The Design Professional warrants to the Owner that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Using Agency’s Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development FileUsing Agency’s Program, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below...

Limited Design Warranty. The Design Professional warrants to the Owner GDOT that its design and the Professional Design Services provided for the Project reasonably meet the intent of the Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstancesmeeting the Standard of Care set forth below, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design Professional further warrants to the Owner GDOT that the technical specifications of the equipment specified by the Design Professional meet industry standards (such as approval by UL, or other independent testing and quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design Professional does not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner GDOT and the Design Professional, the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design Professional is that (i) the Design Professional shall redesign the defective design, consistent with the Program or Project Development File, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner GDOT would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional shall indemnify the Owner GDOT for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below.

Limited Design Warranty. The Design Professional Design-Builder warrants to the Owner that its design and the Professional Design Services provided for the Project through its Design Professional reasonably meet the intent of the Using Agency’s Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design-Builder through its Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design-Builder through its Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design-Builder and its Design Professional does do not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design-Builder (and its Design Professional), the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design-Builder through its Design Professional is that (i) the Design- Builder through its Design Professional shall redesign the defective design, consistent with the Program or Project Development FileUsing Agency’s Program, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional Design-Builder shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design-Builder’s or Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below.

Limited Design Warranty. The Design Professional Design-Builder warrants to the Owner that its design and the Professional Design Services provided for the Project through its Design Professional reasonably meet the intent of the Using Agency’s Program, are consistent with sound design principles commonly used by Design Professionals under similar circumstances, and the resulting design is constructible by a qualified Contractor using appropriate construction methods. The Design-Builder through its Design Professional further warrants to the Owner that the technical specifications of the equipment specified by the Design-Builder through its Design Professional meet industry standards (such as approval by UL, or other independent quality assurance rating agencies) and the design permits installation in a useable configuration with appropriate utilities. The Design-Builder and its Design Professional does do not undertake to make any manufacturer’s warranty, such as a warranty as to the materials, design, manufacture, or workmanship of the equipment. As between the Owner and the Design-Builder (and its Design Professional), the sole remedy for breach of this Limited Design Warranty during the design and Construction Contract Administration phase of the Project by the Design-Builder through its Design Professional is that (i) the Design-Builder through its Design Professional shall redesign the defective design, consistent with the Program or Project Development FileUsing Agency’s Program, at no expense whatsoever to the Owner; and, (ii) if construction of the defectively designed component has commenced, to the extent its remediation cost exceeds the cost that the Owner would have reasonably incurred without the breach of this Limited Design Warranty, the Design Professional Design-Builder shall indemnify the Owner for such additional cost. This Limited Design Warranty does not enlarge or diminish the Design-Builder’s or Design Professional’s liabilities as the result of a Negligent Professional Act in the performance of professional services as defined below.