CONTRACTORWARRANTIESARTICLE
007
The different
warranties covering
a contractor’s work
AUTHOR: Michael A. Ludwig EMAIL: [email protected] BIO: jshfirm.com/michaelaludwig
A general’s or subcontractor’s job is far from over when it
receives final payment on a construction project. Rather, final
payment begins a new phase of the project, the warranty
phase, which may last years. This is true even where the
owner/contractor contract calls for a one-year period for the
contractor to return to the site and repair “warranty” items. This
article will address some of the warranty obligations that are
created by contract and law.
Call Back Warranties
Many standard form contracts require a contractor to return
to the project and repair or replace defective work for a period
of one year. The AIA A201-1997 General Conditions provides
under 12.2.2.1 call back warranty obligations of one year.
Under this provision, the owner and contractor each have
obligations under the call back warranty. An owner must
promptly notify the contractor of a defect in the contractor’s
work. If the owner’s delay makes the problem more difficult
or expensive to repair, the contractor may not be required to
return and make repairs.
Although an