Construction Warranty Agreement

CONSTRUCTION WARRANTY AGREEMENT

This Construction Warranty Agreement (the "Agreement") is entered into as of by and between Client Name: (hereinafter "Owner") and Contractor Name: (hereinafter "Contractor"). Owner and Contractor may be referred to herein individually as a "Party" or collectively as the "Parties."

RECITALS

WHEREAS, Contractor has performed certain construction, installation, or improvement work described as Project Description: at Project Address: ; and

WHEREAS, the Parties desire to set forth the terms and conditions of Contractor's warranty obligations with respect to the work performed and certain materials supplied for the Project; and

WHEREAS, Contractor represents that it is duly licensed, trained, and authorized to perform the work and that such work complies with applicable codes, standards, and good industry practice at the time of performance.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Work" means the construction, installation, or improvement services performed by Contractor as described in the Project Documents and any incorporated change orders. "Project Documents" means the written contract, plans, specifications, drawings, and approved change orders governing the scope of the Work.

2. WARRANTY GRANT

2.1 Subject to the terms and limitations of this Agreement, Contractor warrants to Owner that the Work, at the time of final completion and for the Warranty Period defined below, will be free from defects in materials and workmanship and will conform to the applicable Project Documents, building codes, and industry standards.

2.2 This express warranty is limited to defects in materials and workmanship and does not extend to damage or failure caused by abnormal use, neglect, lack of maintenance, corrosion, ordinary wear and tear, damages arising from Owner-supplied materials or equipment, or modifications made by parties other than Contractor without Contractor's written consent.

3. WARRANTY PERIOD

3.1 The "Warranty Period" for the Work shall commence on the date of Final Completion as determined by the Parties or by issuance of a final certificate of completion by the Owner or architect, whichever occurs first, and shall continue for a period of from that date.

3.2 Final Completion Date (if known):

4. COVERAGE AND EXCLUSIONS

4.1 Covered Items. Contractor's warranty covers defects in materials and workmanship incorporated into the Work, specifically including the following elements (check all that apply):

Structural elements (framing, load-bearing components) Building envelope (roofing, flashing, waterproofing) Mechanical, electrical, and plumbing systems Interior and exterior finishes

4.2 Exclusions. The warranty expressly excludes defects arising from: (a) design errors or specifications provided by Owner or Owner's consultants; (b) improper maintenance by Owner; (c) subsurface conditions, acts of God, or environmental conditions beyond Contractor's control; (d) normal settlement or shrinkage; and (e) components covered by separate manufacturer warranties unless Contractor expressly agrees in writing to assume such obligations.

5. CLAIMS PROCEDURE

5.1 Notice of Defect. Owner shall provide Contractor written notice of any alleged defect within a reasonable time after discovery and in all events within the Warranty Period. Notice shall describe the nature of the defect, the location, and any supporting documentation or photographs.

5.2 Inspection and Opportunity to Cure. Upon receipt of timely notice, Contractor shall have a reasonable opportunity to inspect the alleged defect and, at Contractor's option, to repair or replace the defective Work at Contractor's expense. Owner shall not proceed with repairs by others without Contractor's prior written consent, except where necessary to prevent imminent damage or personal injury.

6. REMEDIES

6.1 Subject to Section 7 below, Contractor's sole obligation under this Agreement shall be, at Contractor's option, to repair, replace, or refund the portion of the Contract Price attributable to the defective Work. Any repair or replacement will be performed within a commercially reasonable period following Contractor's inspection and acceptance of the claim.

6.2 Owner's recovery under this Agreement is limited to direct damages for breach of the express warranty. Contractor shall not be liable to Owner for loss of use, lost profits, consequential, incidental, special, punitive, or exemplary damages, irrespective of whether such damages were foreseeable or the subject of notice.

7. LIMITATION OF LIABILITY

7.1 Except for liability arising from Contractor's gross negligence or willful misconduct, Contractor's aggregate liability under this Agreement, whether in contract, tort, strict liability, or otherwise, shall not exceed the greater of (a) the amount of Contractor's insurance proceeds actually received with respect to the claim, or (b) the portion of the Contract Price directly attributable to the defective portion of the Work.

8. INDEMNIFICATION

8.1 Contractor shall indemnify, defend, and hold harmless Owner from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of Contractor's performance of the Work to the extent caused by Contractor's negligent acts, omissions, or willful misconduct. Owner shall indemnify Contractor to the extent claims arise out of Owner's negligence, willful misconduct, or breach of this Agreement.

9. INSURANCE

9.1 During the Warranty Period and at all times while performing warranty obligations, Contractor shall maintain insurance coverages customary for the trade and sufficient to satisfy Contractor's obligations under this Agreement. Upon Owner's request, Contractor shall provide certificates evidencing such coverages.

10. ASSIGNMENT

10.1 This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

11. NOTICES

11.1 All notices, demands, and other communications required or permitted under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by nationally recognized overnight courier to the addresses below or to such other address as a Party may designate by written notice to the other Party.

12. AMENDMENT; WAIVER

12.1 Any amendment or modification to this Agreement must be in writing and signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party waiving enforcement; no waiver of any breach shall constitute a waiver of any other breach.

13. GOVERNING LAW

13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles that would require the application of the laws of another jurisdiction.

14. ENTIRE AGREEMENT

14.1 This Agreement, together with the Project Documents expressly incorporated herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

15. SEVERABILITY

15.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the Parties' intent to the maximum extent permitted by law.

16. COUNTERPARTS

16.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means that reproduce an original signature shall be binding.

17. ADDITIONAL PROVISIONS

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