Common use of Basic Warranty Clause in Contracts

Basic Warranty. CM/GC warrants to Owner that the Work will be: (i) new, unless otherwise required or permitted by the Contract Documents; (ii) of the quality required by the Contract Documents; (iii)) free from defects not inherent in the quality required or permitted by the Contract Documents; and (iv) otherwise conform to the requirements of the Contract Documents. Subject to the Limits of Liability set forth in Article 28, the CM/GC is responsible for warranty of all Work, whether performed by it or by its Subcontractors or Suppliers. The forgoing warranty also applies to any and all products or procedures specified in the Contract Documents. Subject to the Limits of Liability set forth in Article 28, Architect warrants to Owner that the Services will be performed in accordance with the Standard of Care described in Section 7.1. The warranties given in this Agreement exclude damage or defect caused by abuse, modifications not designed and executed by CM/GC or its Subcontractors or Architect and Architect’s Consultant, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Work or Services not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered nonconforming or defective (the “Nonconforming Work”).