Common use of WARRANTY OF CONSTRUCTION Clause in Contracts

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 Agreement.

Appears in 10 contracts

Samples: General Terms and Conditions for Construction and Labor Hour Agreements, General Terms and Conditions for Construction and Labor Hour Agreements, Construction Contract

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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- Government-owned or BSA-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-- (i1) obtain all warranties that would be given in normal commercial practice; (ii2) require all warranties to be executed, in writing, for the benefit of BSA, as directed; and (iii3) 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 Agreement.

Appears in 3 contracts

Samples: General Terms and Conditions for Construction and Labor Hour Agreements, General Terms and Conditions for Construction and Labor Hour Agreements, General Terms and Conditions for Construction and Labor Hour Agreements

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 Agreement.

Appears in 2 contracts

Samples: General Terms and Conditions for Construction and Labor Hour Agreements, General Terms and Conditions for Construction and Labor Hour Agreements

WARRANTY OF CONSTRUCTION. (a) A. In addition to any other warranties in this Agreementany Job Orders, the Contractor warrants, except as provided in paragraph (h) J of this articleArticle, that work performed under this Agreement conforms to the agreement Job Order requirements and is free of any defect in equipment, material, material or design furnished, or workmanship performed by the Contractor or any subcontractor of his subcontractors or supplier suppliers at any tier. (b) B. This warranty shall continue for a period of 1 year two (2) years from the date of final acceptance of the workWork. If BSA Owner takes beneficial occupancy possession of any part of the work Work, in writing, before final acceptance, this warranty shall continue for a period of 1 year two (2) years from the date BSA takes possession through beneficial occupancyis taken. (c) The C. Contractor shall remedy at Contractor's expense any failure to conform, or any defect at its own expensedefect. In addition, the Contractor shall remedy at Contractor's expense any damage to Government- Owner-owned or BSA-controlled real or personal property at the Contractor's expenseproperty, when that damage is the result of the of: 1. Contractor's failure to conform to agreement requirements, or any ; or 2. Any defect of equipment, material, workmanship, or design furnished by the Contractorfurnished. (d) The D. Contractor shall restore any work damaged in fulfilling the terms and conditions of this clausearticle. The Contractor's warranty with respect to work repaired or replaced will run for 1 one (1) year from the date of repair or replacement. (e) BSA E. Owner shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. (f) F. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, BSA Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, defect or damage at the Contractor's expense. (g) G. With respect to all warranties, express expressed or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished for Job Orders issued under this Master Agreement, the Contractor shall--shall: (i) obtain 1. Obtain all warranties that would be given in normal commercial practice; (ii) require 2. Require all warranties to be executed, in writing, for the benefit of BSA, as directedOwner; and (iii) enforce 3. Enforce all warranties for BSA’s benefit, as directed.the benefit of Owner; (h) H. In the event the Contractor's warranty under paragraph (b) B of this clause Article has expired, the Contractor agrees Owner may bring suit at its expense to subrogate any of its rights and to aid BSA in enforcing lower-tier enforce a subcontractor’s's, manufacturer’smanufacturers, or supplier’s warranties's warranty. (i) BSA’s I. Unless a defect is caused by the negligence of Contractor or subcontractor or supplier at any tier, Contractor shall not be liable for the repair of any defects of material or design furnished by Owner nor for the repair of any damage that results from any defect in Owner-furnished material or design. J. Contractor is not responsible for and does not warranty pre-existing work or facilities that may be assigned to Contractor except to the extent of Contractor's work. Contractor does not assume responsibility for pre- existing work or facilities that may be connected to or interface with the Work. K. This warranty shall not limit Owner's rights and remedies under the Inspection of Construction Article of this article are in addition Contract with respect to any other rights and remedies provided by law latent defects, gross mistakes, or under this Agreementfraud.

Appears in 1 contract

Samples: Job Order Contracting Master Agreement

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WARRANTY OF CONSTRUCTION. (a) In addition to any other warranties in this Agreementcontract, the Contractor warrants, except as provided in paragraph (hi) of this articleclause, that work performed under this Agreement contract conforms to the agreement 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) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If BSA the ANTHC takes beneficial occupancy possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date BSA the ANTHC takes possession through beneficial occupancypossession. (c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect at its own expensedefect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government- ANTHC-owned or BSA-controlled real or personal property at the Contractor's expenseproperty, when that damage is the result of the of-- (1) The Contractor's failure to conform to agreement contract requirements, or any ; or (2) Any defect of equipment, material, workmanship, or design furnished by the Contractorfurnished. (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 The Contracting Officer 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 the ANTHC 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 Agreementcontract, the Contractor shall-- (i1) obtain Obtain all warranties that would be given in normal commercial practice; (ii2) require Require all warranties to be executed, in writing, for the benefit of BSAthe ANTHC, as directedif directed by the Contracting Officer; and (iii3) enforce Enforce all warranties for BSA’s benefitthe benefit of the ANTHC, as directedif directed by the Contracting Officer. (h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Contractor agrees ANTHC may bring suit at its expense to subrogate any of its rights and to aid BSA in enforcing lower-tier enforce a subcontractor’s's, manufacturer’s's, or supplier’s warranties's warranty. (i) BSA’s 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 material or design furnished by the ANTHC nor for the repair of any damage that results from any defect in ANTHC-furnished material or design. (j) This warranty shall not limit the ANTHC's rights under the Inspection and remedies under Acceptance clause of this article are contract with respect to latent defects, gross mistakes, or fraud. (k) Defects in addition design or manufacture of equipment specified by the ANTHC on a "brand name and model" basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to any other rights and remedies provided by law or under this Agreementexecute their warranties, in writing, directly to the ANTHC.

Appears in 1 contract

Samples: Memorandum of Agreement

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