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,

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,