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
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UNIVERSITY OF THE PACIFIC STANDARD PROFESSIONAL SERVICES AGREEMENT [Modified Short Form Pacific SSA] This Standard Services Agreement (“Agreement”) is entered into effective as of 1 March 2016 (the “Effective Date”) by and between the University of the Pacific‚ a California nonprofit public benefit corporation (“University”)‚ and Andy Raugust (“Consultant”). In consideration of the promises and the mutual covenants and agreements set forth below‚ the parties hereto agree as follows: 1. Services.
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QUESTION PRESENTED Do the facts of Ms. Bank’s case make her eligible a rent abetment under NY CLS Real P §235-b Warranty of Habitability? BRIEF ANSWER ??? STATEMENT OF FACTS April 2017 a formal notice is posted in the lobby of the building‚ letting tenants know there is a bedbug issue occurring on the first and second floors and exterminations will be happening there. Bank and her boyfriend Clarkson notice bites on stomach and legs in groupings of three beginning around the 4th of July 2017
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Classification of contractual terms as “condition‚” “warranty” or “innominate” terms seems random. The terms written in the statement above are considered to be unnecessary‚ or more precisely irrelevant. This essay will discuss how these words‚ instead‚ are important as contractual terms through explanations‚ definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can be of two types or better‚ of two forms. The first
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This Instrument Prepared By: LEONARD LUBART‚ ESQ. Greenspoon Marder‚ P.A. 100 West Cypress Creek Rd. Fort Lauderdale‚ Florida 33309 Attn: Escrow Department *WD003A* *1500982415* Account # 1500982415-015 WARRANTY DEED IN LIEU OF FORECLOSURE Westgate Palace Parcel Identification No. 25-23-28-9124-99-999 THIS DEED‚ made this ______ day of _______________‚ 20____‚ by and between Chukwuemeka Eziefula‚ whose address is 6145 Carrier Drive‚ Orlando‚ FL 32819‚ as Grantor‚ party of the first part; and
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1.A contract to be legally valid‚should meet 3 essential elements‚which would be examined by a court as evidence of any contract.These main pre-requisites are ‚ ● The agreement must have an offer and an acceptence: a contract is a bilateral agreement between two or more parties. So when the offeree accepts the offer for a consideration made by the offeror‚ it becomes a contract. eg:-Carlill v Carbolic Smoke Ball Company [1893] Eg:James promises
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in Estimated Warranty Warranty is the guarantee provided by the seller when a consumer makes the purchase of goods or services. Federal law makes it mandatory for sellers to make warranties available to read for buyers before buying the products and services (Warranties‚ n.d.). Warranties are realistic promises that can be acted through legal action and they work as pre-sale statements to attract more sales volume. Warranties will be provided for limited time of the purchase (Warranty Accounting‚
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is known for product quality‚ and it has offered one of the best warranties in the industry on its higher-priced products—a lifetime guarantee‚ performing all the warranty work in its own shops. The warranty on these products is included in the sales price. Due to the recent introduction and growth in sales of some products targeted to the low price market‚ Pleasant is considering partnering with another company to do the warranty work on this line of products‚ if customers purchase a service contract
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recommendation would you make as to how to label the warranty in marketing campaign? Why? According to GM research‚ drivers in Britain only drive about 8‚200 miles a year‚ meaning that the 100‚000 mile limit would last approximately 12 years. The GM research also concluded that approximately 95% of car owners in Britain don’t use their cars for more than ten years which gives them the ability to argue that their warranty can be labeled as a “lifetime” warranty. Since the majority of Britain’s car owners will
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for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto‚ Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. If Smith sues the dealer for breach of warranty and the dealer defends by relying on the contract disclaimer‚ what would be the result and why? Please prepare a written reply
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