Labor Warranty

Contractor warrants all labor performed by Contractor for the Owner under this Contract to be free from defects in workmanship for a period of one (1) year or the period described in the Specific Labor Warranties herein (collectively “Warranty”). This Warranty begins on the date of Substantial Completion, as defined in the Contract. Payment of all amounts due under the Contract is a condition precedent to the Owner’s right to enforce this Warranty. If full payment for the Work listed in the Contract has not been paid by the Owner, this Warranty is VOID. Liability under the Warranty is limited to the original cost of the defective Work as defined in this Contract. The materials supplied pursuant to the Contract, or this Warranty are provided “as is” and “with all faults” and are not covered under this Warranty. Manufacturers of the supplied materials may offer a warranty. See the Manufacturer for specific details. This Warranty contains the entire Warranty between the parties. This Warranty supersedes all other written or oral warranties. This Warranty is given to the Owner and may not be transferred to any subsequent owner of the property. No one other than the Contractor is authorized to make any warranties other than those described herein or to extend the duration of any warranties beyond the time described herein.

This Warranty does not cover “normal wear and tear,” acts of God and nature, deterioration, maintenance, or negligence of the Owner. As such, Work with limited useful lives including but not limited to, painting, tile or stone sealing, and other smaller work, as defined by Contractor, are defined as “Secondary Trades,” and are not covered by the above warranty period. The warranty for Secondary Trades is limited to their useful lives but in no event will exceed the manufacturer’s warranty for the materials being installed, i.e., paint, sealant, caulking etc., if any, or six (6) months, whichever is shorter.

This Warranty is strictly limited to the Work performed by Contractor. Work under this Contract requires regular maintenance. Any damage or injury resulting from Owner not properly performing maintenance or other acts of God is expressly excluded from this Warranty.

To enforce this Warranty, Owner will promptly, but no later than three (3) business days after a covered warranty event arises and no later than the last day of the warranty period, notify Contractor in a detailed writing of the specific item or items that are believed to be covered by this warranty. After receipt of written notice, Contractor will respond to such warranty request within five (5) business days. If Contractor finds, in its reasonable judgment, that the item(s) requiring attention are covered by this Warranty, it will proceed to repair or replace the defective workmanship, at its sole cost and expense, except to the extent it finds that such repairs have been made necessary by the negligence or intentional misconduct of Owner, or any party or parties associated with Owner. Contractor will have a minimum of sixty (60) days to perform the warranty work.

Failure to provide timely notice to the Contractor will void the Warranty.

This Warranty will be void and will not apply to any materials which were originally installed by Contractor, but which were subsequently repaired, adjusted, or modified by an individual or entity other than Contractor or its authorized representative.

Replacements or repairs furnished under this Warranty will not carry a new warranty but will carry only the unexpired portion of the original Warranty provided.

All repairs necessitated and covered by this Warranty will be completed by the Contractor. Any painting required will be the Owner’s responsibility.

Contractor does not assume responsibility for any of the following, all of which are excluded from the coverage of this limited warranty: (a) Appliances, plumbing fixtures, lighting fixtures, and bulbs, which are “consumer products” as defined by the Magnuson-Noss Act; (b) All materials, products, or fixtures supplied by the Owner, and damages resulting from failure of Owner-supplied fixtures or materials; (c) Insect or pest damage of any nature; (d) Work performed by anyone other than the Contractor’s employees and subcontractors; (e) Variations in building materials due to inherent properties of the materials specified in this Contract; (f) Damage or loss resulting from extreme weather exposure, misuse or abuse by others, failure of structural walls, foundations, floors, or base materials not installed by the Contractor over which furnished materials are installed or any conditions over which the Contractor has no control; (g) Minor surface cracking, settlement cracking, or color variations; (h) Discoloration or melting caused by heat distortion, concentrated sunlight, or other weather events or conditions.

Correction of defects in the manner, and for the periods of time described herein, will constitute complete fulfillment of all Contractor’s responsibilities to Owner. Such corrections will constitute full satisfaction of all claims or causes of actions, whether based on contract, negligence, strict liability or otherwise. Other than the warranties contained in this Contract, Contractor disclaims, and the Owner agrees, any implied warranties are waived, including but not limited to, the implied warranty of merchantability, the implied warranty of workmanship and materials, the implied warranty of fitness for a particular purpose, and any other warranty implied by law.

Moisture, water leaks, and water seepage can result in the growth of mold spores, fungus, and many forms of bacteria and viruses. Contractor will not be responsible for the presence and growth of mold, bacteria, and viruses, unless Owner and Contractor specifically agree in writing that Contractor would perform remedial work on Owner’s premises to ameliorate or prevent the growth of mold, bacteria, or viruses. Contractor will not be subject to liability for personal injury or property damage arising from or related to the presence and growth of mold, bacteria, and viruses. Owner will defend, indemnify, and hold harmless Contractor from all such claims, excepting Contractor’s gross negligence.