Specs

Bridgestone Retail Operations, LLC
PROJECT MANUAL
Version: January 2012
A. Time is of the Essence. The time of commencement, rate of progress and time of completion of the Work
are of the essence of this Contract.
B. Time Schedule. Contractor shall provide to Owner a detailed schedule of the Work in accordance with
Section 22 of these Standard General Conditions.
4. WARRANTY OF WORK.
A. Scope. Contractor warrants that the Work shall be free from defects and flaws in design, materials, and
workmanship, shall conform with the requirements of the Contract Documents, and shall be fit, sufficient, and
suitable for the purposes stated in, or reasonably inferred from, this Contract. The warranty in this Section 4 shall
be in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby
reserved to Owner.
B. Correction of the Work Period; Repairs. The Contractor shall remedy any Work that is found not to be
in accordance with the requirements of the Contract Documents, and pay for any damage to other Work resulting
therefrom, which shall appear within a one year period from Substantial Completion. Notwithstanding the
foregoing, if the terms of specific warranties required by any of the Contract Documents stipulate a longer time
period, the longer time period shall govern. The Contractor shall remedy such non-conforming Work promptly
upon notice from the Owner. For Work not completed until after Substantial Completion, the applicable time period
will begin at the time the Work is completed. This warranty shall be extended automatically to cover all repaired and
replacement parts and labor provided or performed under such warranty and Contractor’s obligation to correct Work
for a period of one year from the date of such repair or replacement.
The establishment of a one year time period, or longer periods as may be stipulated by specific warranties,
relates only to the specific obligation of the Contractor to remedy the Work, and has no relationship to the time
within which the Contractor's obligation to comply with the requirements of the Contract Documents may be sought
to be enforced by the Owner, nor to the time within which proceedings may be commenced to establish the
Contractor's liability with respect to the Contractor's contractual obligations.
Any applicable warranty periods set forth in this Section 4 shall not be advanced or otherwise affected by the
fact that the Contractor uses a portion of the work, including, but not limited to, the electrical, mechanical and
heating and ventilating systems, prior to when such warranty period would otherwise commence. Warranties
applicable to permanent systems for which the Contractor has elected to use on a temporary basis, including, but not
limited to, passenger and freight elevators, will not begin until the Contractor has completed temporary use of these
systems, restored these systems to like new condition (including making a change of all filters on HVAC
equipment), and turned the system over to the Owner for permanent use or operation by the Owner, or the time of
Substantial Completion for the entire Project, whichever is later.
C. Subcontractor Warranties. Whenever the Contract Documents require a Subcontractor to provide a
guaranty or warranty, Contractor shall be solely responsible for obtaining said guaranty or warranty in form satisfactory
to Owner and assigning said warranty or guaranty to Owner.
D. Owner’s Self-Help. If (i) Contractor fails to promptly make the corrections required under the warranty or
(ii) Owner deems it inexpedient for Contractor to correct any defects or flaws within the scope of the warranty,
Owner may (a) make the corrections with its own forces or with contracted forces, or (b) waive the right to require
correction thereof, and, in either event, recover the costs, expenses, losses and damages thereof by making an
equitable deduction from any funds due to Contractor under the Contract, requiring Contractor to refund to Owner
therefor, or by such other actions as may be authorized by Law.
5. CONTRACTOR’S RESPONSIBILITY. Contractor will be responsible for the execution and completion
of the Work in accordance with the highest standards in the industry and true intent of the Contract Documents.
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