Common use of WARRANTY OF CONSTRUCTION Clause in Contracts

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.