Intent and role of contractors express warranty provision
Discuss what you think to be the intent and role in a construction project of the contractor’s express warranty provision stated in article 3.5 of the AIA-A201 General Conditions (2007).
I will first cite article 3.5 of the AIA A201 General Conditions (2007):
“The Contractor warrants to the owner and the 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, except for those inherent in the quality of the work the contract documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The contractor’s warranty excludes remedy for damage or defect cause by abuse, 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 architect, the contractor shall furnish satisfactory evidence as to the kind of quality of materials and equipment.” The standard provision of the American Institute of Architects’ A201 -2007 General Conditions of the Contract which addresses this subject, Paragraph 3.5, is included in the appendix on page 4 of this paper.
This warranty stands as a promise from the Contractor that their materials, equipment and labor will be of good quality standards and the requirements of the contract documents. It is a standard component of all current construction contract forms; however, I can understand how a complete and full understanding of construction contract warranties remains a persistently elusive goal for many owners. I am sure of the existence an uncountable number of hypothetical examples to work through the exact intent and role of this warranty provision and I am going to use one that we once discussed in Dr. Federle’s
I will first cite article 3.5 of the AIA A201 General Conditions (2007):
“The Contractor warrants to the owner and the 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, except for those inherent in the quality of the work the contract documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The contractor’s warranty excludes remedy for damage or defect cause by abuse, 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 architect, the contractor shall furnish satisfactory evidence as to the kind of quality of materials and equipment.” The standard provision of the American Institute of Architects’ A201 -2007 General Conditions of the Contract which addresses this subject, Paragraph 3.5, is included in the appendix on page 4 of this paper.
This warranty stands as a promise from the Contractor that their materials, equipment and labor will be of good quality standards and the requirements of the contract documents. It is a standard component of all current construction contract forms; however, I can understand how a complete and full understanding of construction contract warranties remains a persistently elusive goal for many owners. I am sure of the existence an uncountable number of hypothetical examples to work through the exact intent and role of this warranty provision and I am going to use one that we once discussed in Dr. Federle’s