Common use of Warranty and Guaranty Clause in Contracts

Warranty and Guaranty. As additional security for the fulfillment of such obligation, but in no way limiting the same, the CM/GC warrants and guarantees (1) that all work executed under the plans and specifications shall be free from defects of materials or workmanship for a period of one year from the date of the Material Completion, or for such greater space of time as may have been designated in the specifications, products of manufacturers shall be free from defects of materials and workmanship. Whenever written guaranties or warranties are called for, the CM/GC shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any subcontractor, materialmen, or manufacturer whose guaranty or warranty is called for. The CM/GC further agrees that: Jointly and Severally Liable. The CM/GC is jointly and severally liable with such subcontractors, materialmen, or manufacturers; and Agents of the CM/GC. The said subcontractors, materialmen, or manufacturers are agents of the CM/GC for purposes of performance under this article, and the CM/GC, as principal, ratifies the warranties or guaranties of his aforesaid agents by the filing of the aforesaid instruments with the Owner. The CM/GC as principal is liable for the acts or omissions of his agents.