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HomeMy WebLinkAbout01-7836-Warranties_Rev_1Dennis Yarmouth Intermediate Middle School January 19, 2021 Dennis Yarmouth Regional School District 100% Construction Documents Perkins Eastman DPC, project #71011 WARRANTIES 01 7836 - 1 SECTION 01 7836 WARRANTIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes general requirements for warranties and guarantees. B. Related Requirements: 1. Section 01 7700 "Closeout Procedures" for general closeout procedures. 2. Section 01 7823 "Operation and Maintenance Data" for copies of warranties to be included in operation and maintenance manuals. 3. Divisions 02 thru 33 Sections for specific product warranty requirements. 1.3 SUBMITTAL OF PROJECT WARRANTIES A. Time of Submittal: Submit written warranties on request of Architect for designated portions of the Work where warranties are indicated to commence on dates other than date of Substantial Completion, or when delay in submittal of warranties might limit Owner's rights under warranty. B. Partial Occupancy: Submit properly executed warranties within 15 days of completion of designated portions of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. 1.4 WARRANTIES A. Warranty Starting Dates: 1. Exception for Incomplete Work: Warranty starting date for work not completed by the Date of Substantial Completion shall be the date of final completion and acceptance of the work. 2. Warranty Duration: As specified for each warranty, warranties shall start upon the Date of Substantial Completion and extend for the specified warranty period after the Date of Substantial Completion. B. Extended Warranties: When commencement of warranties is other than the date of Substantial Completion, extend the warranty periods as required to still provide the full warranty periods specified from date of Substantial Completion. Dennis Yarmouth Intermediate Middle School January 19, 2021 Dennis Yarmouth Regional School District 100% Construction Documents Perkins Eastman DPC, project #71011 WARRANTIES 01 7836 - 2 C. Owner's Rights: Warranties required under the Contract are in addition to and not in lieu of any remedy or warranty to which Owner is entitled under law. Warranties required under the Contract are not a waiver of any of Owner's rights. D. Warranty Forms: Warranty forms are subject to Owner's pre-approval. 1. Submit warranty forms and obtain approval prior to procuring work covered by the warranty. 2. Contract Documents may require special warranty terms and conditions which are not normal or standard for the manufacturer. E. Procurement: Do not procure materials, products, equipment, or work requiring warranties until confirmation that required warranties will be provided. Remove and replace materials, products, equipment, and work for which the required warranties are not available. F. Warranties are Irrevocable: Warranties issued to Owner are irrevocable. 1. Non Payment: If warrantor refuses to issue warranty or attempts to revoke warranty due to non-payment by anyone other than Owner, Contractor shall rectify the non-payment issue and cause the warranty to be issued or reinstated. 2. Improper Installation: If warrantor refuses to issue warranty or attempts to revoke warranty due to improper installation or other deficiency, Contractor shall correct the deficiency and cause the warranty to be issued or reinstated. G. Warranties are Transferable: All warranties shall permit Owner to transfer or assign warranties to future owners or other assigns at no additional cost to Owner. H. Pro-Rated Warranties: Unless indicated otherwise, pro-rated warranties are not acceptable. Each warranty shall cover the full cost of warranty related repair throughout the full term of the warranty. I. Warranty Repairs Covered By Warranty: Work repaired or replaced under warranty shall be warranted for the full duration of the original warranty. J. Warranty Submission: Furnish originals of each executed warranty to Owner. 1. All warranties shall be complete, signed, conformed, and legally binding. 2. Submit a three ring bound compilation of all warranties including the comprehensive total Contract warranty and each required long term warranty. K. Warrantor's Failure To Perform: If Warrantor fails to perform their obligations under the warranty, Owner may perform or elect to hire another entity to perform the warrantor's obligations. Owner may recover its costs and damages from the warrantor in any court of competent jurisdiction. 1.5 COMPREHENSIVE, TOTAL CONTRACT WARRANTY A. In addition to specific long term warranties which may be required in individual specification Sections, provide a Comprehensive Total Contract Warranty covering all work, materials, equipment, and labor of the entire Contract. B. Comprehensive, Total Contract Warranty Duration: One year from Date of Substantial Completion. C. Consequential Damages and Work: The Comprehensive Total Contract Warranty shall include all consequential damages including, without limitation: Dennis Yarmouth Intermediate Middle School January 19, 2021 Dennis Yarmouth Regional School District 100% Construction Documents Perkins Eastman DPC, project #71011 WARRANTIES 01 7836 - 3 1. Work required to uncover, repair, restore, and recover work repaired under warranty. 2. All adjacent and related work to provide access to the warranted work. 3. Repair, replacement, and restitution of property damaged by failure of warranted work. D. Warranty Claims During Comprehensive Total Contract Warranty: Owner will notify Contractor in writing of each warranty claim. Contractor shall make repairs within 30 days after receipt of Owner's claim, unless preapproved by Owner. E. Contractor's Obligation During the Comprehensive Total Contract Warranty: At no additional cost to Owner, Contractor shall: 1. Notify in writing each affected warrantor and original subcontractor, installer and supplier, if any. 2. Manage the warranty claim for Owner's benefit. 3. Assist Owner in obtaining warranty satisfaction. 4. Arrange and manage warranty related work including work related to consequential damages. F. Expiration of Comprehensive Total Contract Warranty: Approximately 30 days prior to expiration of the Comprehensive Total Contract Warranty, Owner will create a Warranty Repair List. Contractor shall make repairs within 30 days after receipt of Owner's list, unless preapproved by Owner. G. Contractor's Failure to Perform During Comprehensive Total Contract Warranty: If Contractor fails to remedy work covered by the Comprehensive Total Contract Warranty, Owner may perform or may hire another entity to perform the warrantor's obligations and Contractor shall reimburse Owner for Owner's total costs including, without limitation, management costs. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION (THIS PAGE IS BLANK)