Common use of Article 3 Clause in Contracts

Article 3. 5.1: ▇▇▇▇▇▇ and replace with the following article containing new sub- paragraphs: 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials, or equipment not conforming to these requirements, including unapproved substitutions, may be considered defective. The Contractor’s warranty does not cover damage or defect caused by abuse that is not the Contractor’s responsibility, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. In addition: 3.5.1.1 Whether or not indicated, the workmanship shall be of the highest quality: all lines shall be plumb, straight, true and level; all finishes shall be of consistent pattern, texture and color; all finish work shall be clean and dust free; all fastening and connections shall be done in such a manner as to facilitate the proper maintenance of the finished work; all surfaces shall be free of waves, buckles and sags; and all materials shall be of one type, class and quality. 3.5.1.2 All warranties required under the Contract Documents shall warrant that the subject system’s installation, when operated in accordance with the instructions of manufacturer(s) or Contractor(s), will develop capacities and characteristics indicated or specified by the Contract Documents and will fulfill all other requirements thereof. Should any such installation fail, in any material way, to do so, the Contractor(s) shall without delay and without additional cost to the Owner, provide whatever additional equipment and material, and all labor necessary, to correct the fault and to comply with the requirements of the Contract Documents. 3.5.1.3 The Contractor shall bear all costs of correcting any and all Work not complying with all warranties referred to in this Section 3.5.1, and the Contractor and shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by the Owner, including attorneys' fees, additional testing and inspections and compensation for the services and 3.5.1.4 The Contractor hereby assigns to the Owner, effective upon Substantial Completion of the Work, any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. If the Owner seeks to enforce a claim based on a manufacturer’s warranty and such manufacturer fails to honor its warranty based, in whole or in part, on a claim of defective installation, the Owner shall be entitled to enforce any claim for defective installation and any applicable warranty obligation against the Contractor. 3.5.1.5 The date of service commencement for all warranties under this Section 3.5 shall be deemed to be the date of Substantial Completion. 3.5.1.6 In addition to the Contractor’s warranty and duty to repair, the Contractor expressly assumes all warranty obligations required under the Contract Documents for specific building components, systems and equipment. The Contractor may satisfy any such obligation by obtaining and assigning to the Owner a warranty from a manufacturer acceptable to the Owner that meets the requirements of the Contract Documents. Where an assigned warranty is tendered to and accepted by the Owner which does not fully comply with the requirements of the Contract Documents, the Contractor shall remain liable to the Owner for all elements of the required warranty that are not provided by the assigned warranty. 3.5.1.7 None of the following shall constitute acceptance of Work not complying with the requirements of the Contract Documents, whether such non-compliance is known or unknown, latent or patent, foreseeable or unforeseeable, nor shall any of the following release the Contractor from any of its obligations under the Contract Documents: a). observations by the Owner; b). the issuance of a Certificate of Substantial or Final Completion or any progress or final payment by Owner; c). use or occupancy of the Work or any part thereof by Owner; d). any acceptance by Owner; e). any review or approval of a Shop Drawing or sample submittal; or f). any inspection, test or approval by others.”

Article 3. 5.1: ▇▇▇▇▇▇ and replace with the following article containing new sub- sub-paragraphs: 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials, or equipment not conforming to these requirements, including unapproved substitutions, may be considered defective. The Contractor’s warranty does not cover damage or defect caused by abuse that is not the Contractor’s responsibility, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. In addition: 3.5.1.1 Whether or not indicated, the workmanship shall be of the highest quality: all lines shall be plumb, straight, true and level; all finishes shall be of consistent pattern, texture and color; all finish work shall be clean and dust free; all fastening and connections shall be done in such a manner as to facilitate the proper maintenance of the finished work; all surfaces shall be free of waves, buckles and sags; and all materials shall be of one type, class and quality. 3.5.1.2 All warranties required under the Contract Documents shall warrant that the subject system’s installation, when operated in accordance with the instructions of manufacturer(s) or Contractor(s), will develop capacities and characteristics indicated or specified by the Contract Documents and will fulfill all other requirements thereof. Should any such installation fail, in any material way, to do so, the Contractor(s) shall without delay and without additional cost to the Owner, provide whatever additional equipment and material, and all labor necessary, to correct the fault and to comply with the requirements of the Contract Documents. 3.5.1.3 The Contractor shall bear all costs of correcting any and all Work not complying with all warranties referred to in this Section 3.5.1, and the Contractor and shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by the Owner, including attorneys' fees, additional testing and inspections and compensation for the services andand expenses of the Architect made necessary thereby. This warranty is in addition to any other warranty or remedy provided elsewhere in the Contract Documents and shall survive the expiration of any such other warranty, acceptance of and final payment for the Work, and the termination of the Contractor’s employment under the Contract. 3.5.1.4 The Contractor hereby assigns to the Owner, effective upon Substantial Completion of the Work, any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. If the Owner seeks to enforce a claim based on a manufacturer’s warranty and such manufacturer fails to honor its warranty based, in whole or in part, on a claim of defective installation, the Owner shall be entitled to enforce any claim for defective installation and any applicable warranty obligation against the Contractor. 3.5.1.5 The date of service commencement for all warranties under this Section 3.5 shall be deemed to be the date of Substantial Completion.Section 3.5.1.6 In addition to the Contractor’s warranty and duty to repair, the Contractor expressly assumes all warranty obligations required under the Contract Documents for specific building components, systems and equipment. The Contractor may satisfy any such obligation by obtaining and assigning to the Owner a warranty from a manufacturer acceptable to the Owner that meets the requirements of the Contract Documents. Where an assigned warranty is tendered to and accepted by the Owner which does not fully comply with the requirements of the Contract Documents, the Contractor shall remain liable to the Owner for all elements of the required warranty that are not provided by the assigned warranty. 3.5.1.7 None of the following shall constitute acceptance of Work not complying with the requirements of the Contract Documents, whether such non-non- compliance is known or unknown, latent or patent, foreseeable or unforeseeable, nor shall any of the following release the Contractor from any of its obligations under the Contract Documents: a). observations by the Owner; b). the issuance of a Certificate of Substantial or Final Completion or any progress or final payment by Owner; c). use or occupancy of the Work or any part thereof by Owner; d). any acceptance by Owner; e). any review or approval of a Shop Drawing or sample submittal; or f). any inspection, test or approval by others.”