WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession.
(j) The Contractor shall notify the Contracting Officer, in (b) The Contractor shall remedy, at the Contractor’s writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA’s right under any warranty or guarantee. expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of—
(1) The Contractor’s failure to conform to contract require- ments; or
(2) Any defects of equipment, material, workmanship or design furnished by the Contractor.
(c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, in
WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this Agreement, the Contractor warrants, except as provided in paragraph (h) of this article, that work performed under this Agreement conforms to the agreement requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If BSA takes beneficial occupancy of any part of the work before acceptance, this warranty shall continue for a period of 1 year from the date BSA takes possession through beneficial occupancy.
(c) The Contractor shall remedy any failure to conform, or any defect at its own expense. In addition, the Contractor shall remedy any damage to Government- owned or BSA-controlled real or personal property at the Contractor's expense, when that damage is the result of the Contractor's failure to conform to agreement requirements, or any defect of equipment, material, workmanship, or design furnished by the Contractor.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) BSA shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, BSA shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this Agreement, the Contractor shall--
(i) obtain all warranties that would be given in normal commercial practice;
(ii) require all warranties to be executed, in writing, for the benefit of BSA, as directed; and
(iii) enforce all warranties for BSA’s benefit, as directed.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Contractor agrees to subrogate any of its rights and to aid BSA in enforcing lower-tier subcontractor’s, manufacturer’s, or supplier’s warranties.
(i) BSA’s rights and remedies under this article are in addition to any other rights and remedies provided by law or under this...
WARRANTY OF CONSTRUCTION. A. In addition to any other warranties in this Contract, the Contractor warrants, except as provided in Paragraph D. of this Article, that work performed under this Contract conforms to the Contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
B. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:
1. Obtain all warranties that would be given in normal commercial practice;
2. require all warranties to be executed, in writing, for the benefit of the OWNER, if directed by the OWNER; and
3. enforce all warranties for the benefit of the OWNER, if directed by the OWNER.
C. In the event the Contractor’s warranty under paragraph A. of this Article and 7.A. below has expired, the OWNER may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.
D. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of Owner furnished material or design furnished by the OWNER or for the repair of any damage that results from any defect in material or designs furnished by the OWNER.
E. This Article shall not limit the OWNER’s rights under Section 50-9, “INSPECTION OF THE WORK”, of this Contract with respect to latent defects, gross mistakes, or fraud.
WARRANTY OF CONSTRUCTION. A. In addition to any other warranties in this Contract, the Contractor warrants, except as provided in Paragraph D. of this Article, that work performed under this Contract conforms to the Contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
B. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:
WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes possession.
(b) The Contractor shall remedy, at the Contractor’s expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor’s expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of—
(1) The Contractor’s failure to conform to contract require- ments; or
(2) Any defects of equipment, material, workmanship or design furnished by the Contractor.
(c) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement.
(d) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect or damage.
(e) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the PHA shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
(f) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed in writing, for the benefit of the PHA; and,
(3) Enforce all warranties for the benefit of the PHA.
(g) In the event the Contractor’s warranty under paragraph
(a) of this clause has expired, the PHA may bring suit at its own expense to enforce a subcontractor’s, manufacturer’s or supplier’s warranty. Contractor shall not be liable for the repair of any defect of material or design furnished by the PHA nor for...
WARRANTY OF CONSTRUCTION. The Construction Manager’s Warranty of Construction is included herein as Exhibit 10.
WARRANTY OF CONSTRUCTION. Notwithstanding anything to the contrary contained herein (including without limitation Sections 6.01, 6.02 and 7.01), Landlord represents and warrants to Tenant that the Demised Premises shall be constructed in accordance with the Plans and Specifications in a good and workmanlike manner free of latent, structural or construction defects and in compliance with all applicable laws and regulations including all zoning laws and the ADA. Such representation and warranty shall survive for a period of one (1) year after the Date of Completion, and Landlord agrees to promptly correct any defect or item of non- compliance for which Tenant delivers to landlord written notice prior to the expiration of such period.
WARRANTY OF CONSTRUCTION. 1. Each Task Order shall specify the warranties and their duration that will be required from the applicable contractor(s), subcontractor(s), manufacturer(s) and/or supplier(s) with respect to the Improvements subject to such Work Order.
2. All warranties, express or implied, from contractors, subcontractors, manufacturers or suppliers for work performed and materials furnished under this contract shall:
(a) include all warranties required by the Improvements Management Agreement; and
(b) be executed for the benefit of the Department and the Authority. The Authority shall enforce all warranties for the benefit of the Department and the Authority, if directed by the DVR.
3. The Department will be made an intended third party beneficiary under each warranty, so that the Department may bring suit at its expense to enforce a contractor’s, subcontractor’s, manufacturer’s or supplier’s warranty. The Authority shall not be liable for the repair of any damage that results from any defect in the design or construction of any Improvements, except to the extent that the Improvements Manager, or any of designer, contractor, subcontractor, supplier, or manufacturer of Improvements Manager is liable to and pays the Authority for such defect. No warranty shall limit the Department’s rights under this Agreement with respect to latent defects, gross mistakes, or fraud. If the Department specifies a “brand name and model” to be included in a Task Order, the Improvements Manager shall require any contractors, subcontractors, manufacturers or suppliers thereof to execute their warranties, in writing, directly to the Authority and the Department.
WARRANTY OF CONSTRUCTION. A. In addition to any special warranties provided elsewhere in the Contract Documents, the CM/GC warrants that all Work conforms to the requirements of the Contract Documents and is free of any defect in equipment, material, or design furnished, or workmanship performed, by the CM/GC.
B. With respect to all warranties, express or implied, for Work performed or materials furnished according to the Contract Documents, the CM/GC shall:
1. Obtain all warranties that would be given in normal commercial practice;
2. Require all warranties to be executed, in writing, for the benefit of Owner;
3. Enforce all warranties for the benefit of Owner, if directed by Owner; and
4. Be responsible to enforce any Subcontractor’s, manufacturer’s, or supplier’s warranty should they extend beyond the period specified in the Contract Documents.
C. The obligations under this section shall survive Final Acceptance.
WARRANTY OF CONSTRUCTION. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes extension of time. possession.
