Common use of Warranties no Limitation Clause in Contracts

Warranties no Limitation. The calling for or the furnishing of written warranties or bonds shall in no way limit the Construction Warranty and the contractual obligations of CM/GC hereunder, including but not limited to the obligation correct the Work as set forth in Section 2.4.4. The remedies stated in this Section are in addition to the remedies otherwise available to Owner, do not exclude such other remedies, and are without prejudice to any other remedies. Inspection of the Work. Both CM/GC and Design Professional have separate duties to inspect the Work. Inspection of the Work by Owner, Design Professional or any third party shall not diminish, relieve, or alter the responsibility of CM/GC to ensure that all Work complies with the Contract Documents. The failure of Owner, Design Professional, or other third-parties to discover or notify CM/GC of the existence of Non-Compliant Work shall not relieve CM/GC of its responsibility to ensure that all Work complies with the Contract Documents, and neither Design Professional's Certificate of Material Completion or Certificate of Final Completion nor payment shall relieve CM/GC of responsibility to ensure that all Work complies with the Contract Documents. CM/GC’s Inspection of the Work. CM/GC has an indivisible, non-delegable, and nontransferable contractual obligation to Owner to make inspections of the Work at all stages to confirm at all times that all Work has been executed strictly in accordance with the Contract Documents. CM/GC shall not rely on an inspection by Owner, Design Professional, or any other third party to identify Non-Compliant Work. Fire Marshal’s Inspection of the Work. The State Fire Marshal may make inspections at any time. CM/GC shall request a Fire Marshal Inspection at eighty percent (80%) completion and at one hundred percent (100%) completion and will give Notice when all items on the one hundred percent (100%) inspection report have been completed. Requests shall be in writing with a copy to Owner and Design Professional. Eighty Percent (80%) Inspection. The Eighty Percent (80%) Inspection shall take place when the structural components, including the fire walls, vertical shafts, stairways, smoke stops, hazardous area separations, roof and ceiling assemblies, corridor and door width, and HVAC systems, are in place and open for review of the fire safety components. One Hundred Percent (100%) Inspection. The One Hundred Percent (100%) Inspection shall take place when CM/GC has completed all of the items noted on the Eighty Percent (80%) Inspection report and the building is ready for issuance of the Certificate of Occupancy. Design Professional’s Inspection of the Work. Design Professional shall inspect all Work for compliance with the Contract Documents. At all times, CM/GC shall permit Design Professional and its representatives to access the Work for inspection.

Warranties no Limitation. The calling for or the furnishing of written warranties or bonds shall in no way limit the Construction Warranty and the contractual obligations of CM/GC hereunder, including but not limited to the obligation correct the Work as set forth in Section 2.4.4. The remedies stated in this Section are in addition to the remedies otherwise available to Owner, do not exclude such other remedies, and are without prejudice to any other remedies. Inspection of the Work. Both CM/GC and Design Professional have separate duties to inspect the Work. Inspection of the Work by Owner, Design Professional or any third party shall not diminish, relieve, or alter the responsibility of CM/GC to ensure that all Work complies with the Contract Documents. The failure of Owner, Design Professional, or other third-parties to discover or notify CM/GC of the existence of Non-Compliant Work shall not relieve CM/GC of its responsibility to ensure that all Work complies with the Contract Documents, and neither Design Professional's Certificate of Material Completion or Certificate of Final Completion nor payment shall relieve CM/GC of responsibility to ensure that all Work complies with the Contract Documents. CM/GC’s Inspection of the Work. CM/GC has an indivisible, non-delegable, and nontransferable contractual obligation to Owner to make inspections of the Work at all stages to confirm at all times that all Work has been executed strictly in accordance with the Contract Documents. CM/GC shall not rely on an inspection by Owner, Design Professional, or any other third party to identify Non-Compliant Work. Fire Marshal’s Inspection of the Work. The State Fire Marshal may make inspections at any time. CM/GC shall request a Fire Marshal Inspection at eighty percent (80%) completion and at one hundred percent (100%) completion and will give Notice when all items on the one hundred percent (100%) inspection report have been completed. Requests shall be in writing with a copy to Owner and Design Professional. Eighty Percent (80%) Inspection. The Eighty Percent (80%) Inspection shall take place when the structural components, including the fire walls, vertical shafts, stairways, smoke stops, hazardous area separations, roof and ceiling assemblies, corridor and door width, and HVAC systems, are in place and open for review of the fire safety components. One Hundred Percent (100%) Inspection. The One Hundred Percent (100%) Inspection shall take place when CM/GC has completed all of the items noted on the Eighty Percent (80%) Inspection report and the building is ready for issuance of the Certificate of Occupancy. Design Professional’s Inspection of the Work. Design Professional shall inspect all Work for compliance with the Contract Documents. At all times, CM/GC shall permit Design Professional and its representatives to access the Work for inspection.