are not covered under this warranty. 7. It is a breach of warranty if a cabinet, a cabinet corner or a cabinet face is found to be more than 1/4 inch out of alignment during the first 180 days unless the Defect is caused by abuse, impact, modification or improper loading. E. Basic Warranty Coverage on Carpentry, Interior Finish It is a breach of warranty if a shelf fails due to Defective Workmanship during the first 180 days. Shelves should be supported by brackets fastened securely to framing. Any shelf is subject to overloading. Defects due to overloading, modification, or improper maintenance are not covered under this warranty. F. Basic Warranty Coverage Warranty on Resilient Flooring 1. It is a breach of warranty if vinyl flooring develops surface bubbles more than 1/16 inch higher than adjacent surfaces during the first 180 days. Contractor may puncture vinyl flooring material to release trapped air as part of the repair. Defects that result from abuse, impact, modification, normal wear, or improper maintenance are not covered under this warranty. Fading, slip resistance, abrasion resistance, stain resistance, freeze-thaw stability, durability, compressive strength, moisture sensitivity and texture retention of vinyl or resilient flooring may be covered under the manufacturer's warranty, but are not covered under this warranty. Removing mold from vinyl floor materials is a part of normal building maintenance and is not covered under this warranty. 2. Joints are required in resilient sheet flooring when room dimensions exceed roll widths. It is a breach of warranty if, during the first 180 days, joints in resilient flooring leave a gap between pieces of more than 1/8 inch and more than 12 inches long. The visibility of joints in resilient flooring may be exaggerated by the color, pattern, and texture of the material, and by reflected light, such as from a large window. Defects that result from abuse, modification, or improper maintenance are not covered under this warranty. 3. It is a breach of warranty if, during the first 180 days, resilient flooring is found to be installed with stains, discoloration or faded colors. Stain resistance does not mean that resilient flooring won't stain. Staining and loss of gloss can result from normal use and is not necessarily an indicator of Defective material or workmanship. It is normal for resilient flooring to vary slightly from display samples in color and texture. Display Samples come from different dye lots and may be used for many years. Over time, color, texture, and feel of the Sample may change with handling. The color and gloss of resilient flooring can fade under sunlight and traffic. Slight variations are common within a specified color or pattern. Variations will be greater when material is selected from differing dye lots. Manufacturing Defects may be covered under the manufacturer's warranty but are not covered under this warranty. 4. It is a breach of warranty if resilient flooring is found to be installed out of compliance with the recommendations of the manufacturer during the first 180 days. All manufacturers recommend that the surface on which resilient flooring is laid be free of bumps, protrusions, or irregularities such as fasteners, loose knots, or free aggregate. Defects that result from sharp objects such as spike heel shoes or roller blades, moisture, hydrostatic pressure, alkali in the subfloor, heavy sunlight penetration, ultraviolet ray exposure, pallet jack or fork lift traffic, or contact with caustic or corrosive liquids, are not covered under this warranty. The flooring manufacturer may offer a warranty against premature wear or fading. Premature wear and fading are not covered under this warranty. G. Basic Warranty Coverage Warranty on Lighting It is a breach of warranty if, during the first 180 days, a lighting fixture becomes discolored or fails to operate normally due to faulty Installation by Contractor. Defects in lighting fixtures caused by abuse, improper maintenance, or exceeding the recommended maximum bulb wattage are not covered under this warranty. H. Basic Warranty Coverage Warranty on Plumbing Systems 1. It is a breach of warranty if a water supply, drain, or vent line to a plumbing fixture develops a leak during the first 180 days due to a Defect in materials or workmanship. It is a breach of warranty if, during the first 180 days, a plumbing fixture is found to be installed out of compliance with either the recommendations of the manufacturer or the building Plans or Requirements of the building code. Inspection and maintenance of caulking and sealants around plumbing fixtures is a part of normal building maintenance and is not covered under this warranty. Defects that result from abuse, condensation, modification, the shrinkage of materials as they age, or improper maintenance are not covered under this warranty.
2. It is a breach of warranty if, during the first 180 days, any part of the plumbing system fails to deliver water or discharge wastes due to a Defect in materials or workmanship or failure of
Contractor to comply with the applicable plumbing code or building Plans. Any plumbing vent or waste line can be obstructed by frost or debris. Removing frost and debris from vent lines is a part of normal building maintenance and is not covered under this warranty. Defects in plumbing supply, waste, or vent lines that result from abuse, modification, or improper maintenance are not covered under this warranty.
3. It is a breach of warranty if, during the first 180 days, a faucet, plumbing fixture or valve runs or drips when fully closed or turned off. Defects that result from abuse, modification, or improper maintenance are not covered under this warranty.
4. It is a breach of warranty if, during the first 180 days, plumbing fixtures, fittings or trim are found to be installed out of compliance with recommendations of the manufacturer or out of compliance with the plumbing code. Flaws in the appearance or performance of plumbing fixtures, fittings or trim may be covered under the manufacturer's warranty, but are not covered under this warranty. Defects that result from abuse, improper maintenance, or modification are not covered under this warranty.
5. It is a breach of warranty if plumbing supply lines are found to be out of compliance with approved Plans or the building code during the first 180 days. Severe supply line to freeze and burst. Defects in plumbing supply lines caused by cold weather are not covered under this warranty. When temperature of the building envelope is not controlled during cold weather, it's a normal part of building maintenance to close the main supply value and drain water from the supply system. Exterior hose bibs should have garden hoses disconnected and drained. Valves for exterior hose bibs should be left open. Interior valves should be shut off. Defects in plumbing supply lines caused by abuse, modification, or improper maintenance are not covered under this warranty.
6. Certain combinations of temperature and indoor humidity may naturally cause condensation to accumulate on pipes and plumbing fixtures. Eliminate excess condensation by increasing ventilation, controlling humidity, or insulating the pipes affected. Accumulation of condensation on plumbing pipes and fixtures is not a Defect and is not covered under this warranty.
7. All plumbing drain and waste lines can be obstructed by excessively large or dense objects, by the invasion of roots, or by backup of the public or private sewer. Keeping plumbing drain and waste lines free of obstructions is a part of normal building maintenance, and is not covered under this warranty. It is a breach of warranty if plumbing drain, waste, or vent lines are found to be installed out of compliance with the applicable plumbing code or out of compliance with the building Plans during the first 180 days. The following constitute abuse or improper maintenance of plumbing drain or waste lines, and are not covered under this warranty:
a. Use that exceeds that design standards of the system,
b. Disposing of non-biodegradable items through the system,
c. Connecting the system to a sump pump, roof drain, or backwash from a water conditioner or pool filter,
d. Covering a leach field with a surface that is impermeable to water,
e. Driving or parking vehicles over the leach field, and
f. Failing to periodically pump the septic tank.
8. It is normal to hear the sound of water flowing through drain and supply pipes. It is also normal to hear the sound of pipe expanding or contracting slightly in response to heat or cold. Water hammer is a sudden thump or banging in water supply lines that occurs when water flow to a faucet or fixture stops abruptly. Water hammer can do serious damage to a plumbing system, especially when water at high pressure is shut off very quickly, such as with an automatic valve. A plumbing system subject to water hammer should be designed with a pressure-regulating valve or an air chamber to reduce the noise and potential for damage from water hammer. Failure to install a pressure-regulating valve or an air chamber is not a breach of warranty if the valve or chamber is not part of the contract and is not required by the building code. The sound of water hammer will be obvious to anyone present in the building. Progressive damage from an obvious water hammer problem is not covered under this warranty. On request,
Contractor will suggest a remedy for water hammer and quote a price for taking preventative measures.
9. It is a breach of warranty if a faucet, shower head, or plumbing fixture is found to be installed out of compliance with the applicable code or the building Plans during the first 180 days. Low water pressure may cause reduced flow through any plumbing fixture. Water pressure varies in public water systems and may be low at times of peak demand or when flow is reduced in water mains. Some municipal codes require that plumbing fixtures, including faucets and shower heads, be equipped with flow control devices to conserve water. Inadequate water flow at points of supply due to either low water pressure at the main or government regulation is not covered under this warranty.
10. It is a breach of warranty if, during the first 180 days, a bathtub or shower enclosure is found to be installed out of compliance with either the building code or the manufacturer's recommendations. Ensure that bathtub and shower enclosures are free of any chip, crack, scratch, blemish, or Defect at Installation, and document any concerns. After Substantial Completion, only Defects resulting from faulty workmanship of
Contractor are covered under this warranty. Manufacturing Defects in bathtubs and shower enclosures may be covered under the manufacturer's warranty, but are not covered under this warranty. Bathtubs are heavy when filled and may cause the framing to flex and creak, even when installed in compliance with both the manufacturer's instructions and the building code. Flexing and creaking are not signs of failure, and are not covered under this warranty.
36. Contractor Claims A. If
Contractor claims that any instruction, Drawing, act or omission of
Owner or any representative of
Owner, or any agency of government, increases costs to
Contractor, requires extra time or changes the Scope of
Work,
Contractor shall have the right to assert a Claim for such costs or time.
B. Unresolved Claims or disputes shall not cause
Contractor to delay or suspend
Work or for
Owner to delay or suspend payments as provided by this agreement. Continued performance by
Contractor shall not be deemed a waiver of any Claim for additional compensation or an extension of Time for Completion.
Contractor shall cooperate with
Owner and representatives of
Owner to mitigate potential damages, delay and other adverse consequences arising out of the condition which is the subject of the Claim.
23. Arbitration A. Any controversy or Claim arising out of or relating to this contract or contract warranty or the breach thereof which cannot be resolved by mediations shall be settled by arbitration administered by the