Common use of GUARANTEE OF WORK Clause in Contracts

GUARANTEE OF WORK. (a) Except as otherwise specified all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of final completion of the Contract. (b) If, within any guarantee period, repairs or changes are required in connection with the guaranteed work, which, in the opinion of the Consultant or Architect/Engineer are rendered necessary as a result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the Contract, the Contractor shall, promptly upon receipt of notice from the Owner, and without expense to the Owner: (1) Place in satisfactory condition all of such guaranteed work, correct all defects therein, and (2) Make good all damages to the building or project work, or equipment or contents thereof, which, in the opinion of the Consultant or Architect/Engineer is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contract; and (3) Make good any work or materials, or the equipment and contents of said building or project work disturbed in fulfilling any such guarantee. (c) In any case where fulfilling the requirements of the Contract, and guarantees, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Consultant or Architect/Engineer and guarantee such restored work to the same extent as it was guaranteed under such other contract. (d) If the Contractor, after notice, fails to proceed promptly (a number of days to perform is preferable to “promptly”) to comply with the terms of the guarantee, the Owner may have defects corrected and the Contractor and his Surety shall be liable for all expenses incurred. (e) All special guarantees applicable to definite parts of the work that may be required by the Contract Documents shall be subject to the terms of this paragraph.

GUARANTEE OF WORK. (a) 1. Except as otherwise specified specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment equipment, or workmanship for one (1) year from the date of final completion acceptance of the Contractentire project by the University in writing. Equipment and facilities, which have seasonal limitations on their operation, shall be guaranteed for one (1) full year from the date of seasonally appropriate tests and acceptance, in writing, by the University. (b) 2. If, within any the guarantee period, defects are noticed by the University which require repairs or changes are required in connection with the guaranteed work, which, those repairs or changes being in the opinion of the Consultant or Architect/Engineer are University rendered necessary as a the result of the use of materials, equipment or workmanship, which are defective, or inferior or not in accordance with the terms of the contract, then the Contractor shall, promptly upon receipt of notice from the University, such notice being given not more than two weeks after the guarantee period expires, and without expense to the University: i. Place in satisfactory condition in every particular all of such guaranteed work and correct all defects therein; ii. Make good all damage to the structure, site, equipment, or contents thereof, which is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the Contract, the Contractor shall, promptly upon receipt of notice from the Owner, and without expense to the Owner: (1) Place in satisfactory condition all of such guaranteed work, correct all defects therein, and (2) Make good all damages to the building or project work, or equipment or contents thereof, which, in the opinion of the Consultant or Architect/Engineer is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contractcontracts; and (3) iii. Make good any work or work, materials, or the equipment and equipment, contents of said building or project work disturbed structures, and/or disturbance of the site in fulfilling any such guarantee. (c) 3. In any case case, where in fulfilling the requirements of the Contract, and guaranteescontract or any guarantee embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Consultant or Architect/Engineer University and guarantee such restored work to the same extent as it was guaranteed under such other contract. (d) 4. If the Contractor, after notice, fails to proceed promptly (a number of days to perform is preferable to “promptly”) to comply with the terms of the guarantee, the Owner University may have the defects corrected and the Contractor and his Surety surety shall be liable for all expenses expense incurred. (e) 5. All special guarantees applicable to definite parts of the work that may be required by stipulated in the Contract Documents specifications or other papers forming a part of the contract shall be subject to the terms term of this paragraphsection during the first year of the life of such special guarantee. 6. Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the contract documents. This paragraph relates only to the specific obligation of the Contractor contained in this section to correct the work and does not limit the time within which his obligation to comply with the contract documents may be sought to be enforced, nor of the time within which proceedings may be commenced to establish the Contractor’s liability with respect to his other obligations under this contract. 7. In the event the work of the Contractor is to be modified by another Contractor, either before or after the final inspection, the first Contractor shall remain responsible in all respects under the guarantee of work and under any other warranties provided in the contract or by law. However, the Contractor shall not be responsible for any defects in material or workmanship introduced by the Contractor modifying its work. Both the first Contractor and the Contractor making the modifications shall each be responsible solely for the work done by each. TheContractor modifying the earlier work shall be responsible for any damage to or defect introduced into the work which he is modifying. If any Contractor shall claim that another Contractor has introduced defects of materials and/or workmanship into the work of the first, it shall be the burden of the Contractor making the claim to clearly demonstrate the nature and extent of such introduced defects and the responsibility of the other Contractor. Any Contractor modifying the work of another shall have the same burden if he asserts defects to have been caused by the Contractor whose work he is modifying.