Common use of Warranty and Correction of Work Clause in Contracts

Warranty and Correction of Work. 10.2.1 Contractor warrants to CES that all materials and equipment furnished under the Work Order will be new unless otherwise specified, and that all Work (without limitation, including all materials, equipment and workmanship) will be of the specified quality, free from defects and in strict conformance with the Contract Documents and Equipment Manufacturers warranty provisions. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Contractor further agrees to correct all deficient Work discovered by CES and/or Customer during a period of one (1) year after the Date of Substantial Completion of the Work or for such longer period of time as provided by specific warranties contained elsewhere in the Contract Documents. In addition to making such corrections, repairs and/or replacements, Contractor shall correct, repair and/or replace any other property damage to Customer caused as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of Contractor and shall be performed in a timely manner at the reasonable convenience of Customer. The warranties set forth in this Paragraph and elsewhere in the Contract Documents shall survive Substantial Completion and final acceptance of the Work. 10.2.2 Without limiting the responsibility or liability of Contractor under the Contract Documents, all warranties and attendant rights given by manufacturers on materials or equipment incorporated in the Work are hereby assigned by Contractor to CES and Customer. If requested, Contractor shall execute formal assignments of said manufacturers' warranties to CES and/or Customer. 10.2.3 Contractor shall promptly correct all Work rejected by CES that does not comply with the requirements of the Contract Documents whether observed before Final Completion of the Work or thereafter observed within the warranty period, whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting and/or replacing all such rejected Work incurred by CES including the expense of repairing and/or replacing all other property damage caused by such replacement and re-execution. The one (1) year period for correction of Work shall be extended by the corrective Work performed by Contractor pursuant to this section 10.2, unless otherwise specified in the Work Order. 10.2.4 Contractor shall remove from the Site all portions of the Work which are defective or nonconforming and which have not been corrected unless removal is waived by CES. 10.2.5 If Contractor fails to correct defective or nonconforming Work within the time period set forth in CES' written notice to Contractor, CES may, but shall not be required to, correct such defective or nonconforming Work. All costs of such corrective action incurred by CES (including engineering and other consultant's fees and expenses) plus a fee equal to ten percent (10%) of the repair costs incurred by CES shall be deducted from the balance of any amounts due to Contractor, or if that is insufficient, Contractor shall pay the difference to CES upon demand. [Add Contractor Name] 14 Master Agreement for Design and Construction v.5 [Date]

Warranty and Correction of Work. 10.2.1 Contractor warrants to CES that all materials and equipment furnished under the Work Order will be new unless otherwise specified, and that all Work (without limitation, including all materials, equipment and workmanship) will be of the specified quality, free from defects and in strict conformance with the Contract Documents and Equipment Manufacturers warranty provisions. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Contractor further agrees to correct all deficient Work discovered by CES and/or Customer during a period of one (1) year after the Date of Substantial Completion of the Work or for such longer period of time as provided by specific warranties contained elsewhere in the Contract Documents. In addition to making such corrections, repairs and/or replacements, Contractor shall correct, repair and/or replace any other property damage to Customer caused as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of Contractor and shall be performed in a timely manner at the reasonable convenience of Customer. The warranties set forth in this Paragraph and elsewhere in the Contract Documents shall survive Substantial Completion and final acceptance of the Work. 10.2.2 Without limiting the responsibility or liability of Contractor under the Contract Documents, all warranties and attendant rights given by manufacturers on materials or equipment incorporated in the Work are hereby assigned by Contractor to CES and Customer. If requested, Contractor shall execute formal assignments of said manufacturers' warranties to CES and/or Customer. 10.2.3 Contractor shall promptly correct all Work rejected by CES that does not comply with the requirements of the Contract Documents whether observed before Final Completion of the Work or thereafter observed within the warranty period, whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting and/or replacing all such rejected Work incurred by CES including the expense of repairing and/or replacing all other property damage caused by such replacement and re-execution. The one (1) year period for correction of Work shall be extended by the corrective Work performed by Contractor pursuant to this section 10.2, unless otherwise specified in the Work Order. 10.2.4 Contractor shall remove from the Site all portions of the Work which are defective or nonconforming and which have not been corrected unless removal is waived by CES. 10.2.5 If Contractor fails to correct defective or nonconforming Work within the time period set forth in CES' written notice to Contractor, CES may, but shall not be required to, correct such defective or nonconforming Work. All costs of such corrective action incurred by CES (including engineering and other consultant's fees and expenses) plus a fee equal to ten percent (10%) of the repair costs incurred by CES shall be deducted from the balance of any amounts due to Contractor, or if that is insufficient, Contractor shall pay the difference to CES upon demand. [Add Contractor Name] 14 Master Agreement for Design and Construction v.5 [Date].