Common use of Warranty Work Clause in Contracts

Warranty Work. I.2.1 Neither the final certificate of payment nor any provision of the Contract Documents shall relieve the Contractor from responsibility for defective Work and, unless a longer period is specified, Contractor shall correct all defects that appear in the Work within a period of one year from the date of issuance of the written notice of Substantial Completion by the Owner except for latent defects which will be remedied by the Contractor at any time they become apparent. The Owner shall give Contractor notice of defects with reasonable promptness. Contractor shall perform such warranty work within a reasonable time after Owner’s demand. If Contractor fails to complete the warranty work within such period as Owner determines reasonable, or at any time in the event of warranty work consisting of emergency repairs, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) Days after demand without affecting Contractors obligations. I.2.2 This provision does not negate guarantees or warranties for periods longer than one year including without limitation such guarantees or warranties required by other sections of the Contract Documents for specific installations, materials, processes, equipment or fixtures. I.2.3 In addition to Contractor's warranty, manufacturer's warranties shall pass to the Owner and shall not take effect until affected Work has been accepted in writing by the Owner's Authorized Representative. I.2.4 The one-year period for correction of Work shall be extended with respect to portions of Work performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work, and shall be extended by corrective Work performed by the Contractor pursuant to this Section, as to the Work corrected. The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. I.2.5 Nothing contained in this Section I.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the period for correction of Work as described in this Section I.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. I.2.6 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Warranty Work. I.2.1 (1) Neither the final certificate of payment nor any provision of the Contract Documents shall relieve the Contractor CM/GC from responsibility for defective Work and, unless a longer period is specified, Contractor CM/GC shall correct all defects that appear in the Work within a period of one year from the date of issuance of the written notice of Substantial Completion by the Owner City except for latent defects which will be remedied by the Contractor CM/GC at any time they become apparent. The Owner City shall give Contractor CM/GC notice of defects with reasonable promptness. Contractor CM/GC shall perform such warranty work within a reasonable time after OwnerCity’s demand. If Contractor CM/GC fails to complete the warranty work within such period as Owner City determines reasonable, or at any time in the event of warranty work consisting of emergency repairs, Owner without affecting CM/GC’s obligations, City may perform such work and Contractor CM/GC shall reimburse Owner City all costs of the same within ten thirty (1030) Days after demand without affecting Contractors obligationsdemand. I.2.2 (2) This provision does not negate guarantees or warranties for periods longer than one year including without limitation such guarantees or warranties required by other sections of the Contract Documents for specific installations, materials, processes, equipment or fixtures. I.2.3 (3) In addition to ContractorCM/GC's warranty, manufacturer's warranties shall pass to the Owner City and shall not take effect until affected Work has been accepted in writing by the OwnerCity's Authorized Representative. I.2.4 (4) The one-year period for correction of Work shall be extended with respect to portions of Work performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work, Work and shall be extended by corrective Work performed by the Contractor CM/GC pursuant to this Section, as to the Work corrected. The Contractor CM/GC shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor CM/GC nor accepted by the OwnerCity. I.2.5 (5) Nothing contained in this Section I.2 shall be construed to establish a period of limitation with respect to other any obligations which that the Contractor might have CM/GC has under the Contract Documents. Establishment of the period for correction of Work as described in this Section I.2 relates only to the specific contractual obligation of the Contractor CM/GC to correct the Work, Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the ContractorCM/GC’s liability with respect to the Contractor’s obligations other than specifically to correct the Worksuch obligations. I.2.6 (6) If the Owner City prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner City may do so instead of requiring its removal and correction, in which case the Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment has been made.

Warranty Work. I.2.1 Neither the final certificate of payment nor any provision of the Contract Agreement Documents shall relieve the Contractor from responsibility for defective Work and, unless a longer period is specified, Contractor shall correct all defects that appear in the Work within a period of one year from the date of issuance of the written notice of Substantial Completion by the Owner except for latent defects which will be remedied by the Contractor at any time they become apparent. The Owner shall give Contractor notice of defects with reasonable promptness. Contractor shall perform such warranty work within a reasonable time after Owner’s demand. If Contractor fails to complete the warranty work within such period as Owner determines reasonable, or at any time in the event of warranty work consisting of emergency repairs, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) Days after demand demand, without affecting Contractors Contractor’s obligations. The Contractor shall perform the warranty Work by correcting defects within twenty-four (24) hours of notification by Owner, unless otherwise specified in the Agreement Documents. Should the Contractor fail to respond within the specified response time, the Owner may, at its option, complete the necessary repairs using another contractor or its own forces. If Owner completes the repairs using Owner’s own forces, Contractor shall pay Owner at the rate of one and one-half (1½) times the standard hourly rate of Owner's forces, plus related overhead and any direct non-salary costs. If Owner completes the repairs using another contractor, Contractor shall pay Owner the amount of Owner’s direct costs billed by the other contractor for the work, plus the direct salary costs and related overhead and direct non- salary expenses of Owner’s forces who are required to monitor that contractor’s work. Work performed by Owner using Owner’s own forces or those of another contractor shall not affect the Contractor's contractual duties under these provisions, including warranty provisions. I.2.2 This provision does not Nothing in this Section I.2 shall negate guarantees or warranties for periods longer than one year including including, without limitation limitation, such guarantees or warranties required by other sections of the Contract Agreement Documents for specific installations, materials, processes, equipment or fixtures. I.2.3 In addition to Contractor's warranty, manufacturer's warranties shall pass to the Owner and shall not take effect until affected such portion of the Work covered by the applicable warranty has been accepted in writing by the Owner's Authorized Representative. I.2.4 The one-year period for correction of Work shall be extended with respect to portions of Work performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work, and shall be extended by corrective Work performed by the Contractor pursuant to this Section, as to the Work corrected. The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Agreement Documents and are neither corrected by the Contractor nor accepted by the Owner. I.2.5 Nothing contained in this Section I.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Agreement Documents. Establishment of the period for correction of Work as described in this Section I.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Agreement Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. I.2.6 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Agreement Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Agreement Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Warranty Work. I.2.1 Neither the final certificate of payment nor any provision of the Contract Documents shall relieve the Contractor from responsibility for defective Work andIf, unless a longer period is specified, Contractor shall correct all defects that appear in the Work within a period of one (1) year from after the date of issuance of the written notice of Substantial Completion by the Owner except for latent defects which will be remedied by the Contractor Final Acceptance, or if beneficial occupancy occurs at any time they become apparent. The Owner shall give Contractor notice of defects with reasonable promptness. Contractor shall perform such warranty work within a reasonable time after Owner’s demand. If Contractor fails prior to complete final acceptance, the warranty will run from beneficial occupancy of a portion of the work within or the entire work, as applicable or such period as Owner determines reasonable, or at any other time frame set forth elsewhere in the event of warranty work consisting of emergency repairsContract Documents, Owner may perform such work and Contractor shall reimburse Owner all costs of the same within ten (10) Days after demand without affecting Contractors obligations. I.2.2 This provision does not negate guarantees or warranties for periods longer than one year including without limitation such guarantees or warranties required by other sections of the Contract Documents for specific installations, materials, processes, equipment or fixtures. I.2.3 In addition to Contractor's warranty, manufacturer's warranties shall pass to the Owner and shall not take effect until affected Work has been accepted in writing by the Owner's Authorized Representative. I.2.4 The one-year period for correction of Work shall be extended with respect to portions of Work performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work, and shall be extended by corrective Work performed by the Contractor pursuant to this Section, as to the Work corrected. The Contractor shall remove from the site portions any of the Work which are is found to be defective or not in accordance with the requirements of the Contract Documents and are neither corrected by Documents, or otherwise contrary to the warranties contained in the Contract Documents, the Contractor nor accepted by shall commence all necessary corrective action not more than seven (7) days after receipt of a written notice from the Owner. I.2.5 District to do so, and to thereafter diligently complete the same. In the event that Contractor shall fail or refuse to commence correction of any such item within said seven (7) day period or to diligently prosecute such corrective actions to completion, the District may, without further notice to Contractor, cause such corrective Work to be performed and completed. In such event, Contractor and Contractor's Performance Bond Surety shall be responsible for all costs in connection with such corrective Work, including without limitation, general administrative overhead costs of the District in securing and overseeing such corrective Work. Nothing contained in this Section I.2 herein shall be construed to establish a period of limitation with respect to other obligations which any obligation of the Contractor might have under the Contract Documents. Establishment of the period for correction of Work as described in this Section I.2 relates only to the specific obligation The obligations of the Contractor to correct hereunder shall be in addition to, and not in lieu of, any other obligations imposed by any special guarantee or warranty required by the Contract Documents, guarantees or warranties provided by any manufacturer of any item or equipment forming a part of, or incorporated into the Work, and has no relationship to or otherwise recognized, prescribed or imposed by law. Neither the time within which District's Final Acceptance, the obligation to comply with the making of Final Payment, any provision in Contract Documents may be sought to be enforcedDocuments, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct use or occupancy of the Work. I.2.6 If the Owner prefers to accept , in whole or in part, by District shall constitute acceptance of Work which is not in accordance with the requirements of Contract Documents nor relieve the Contract DocumentsContractor or the Contractor's Performance Bond Surety from liability with respect to any warranties or responsibility for faulty or defective Work or materials, the Owner may do so instead of requiring its removal equipment and correction, in which case the Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been madeworkmanship incorporated therein.