JSH Reporter Summer 2015 - Page 7

CONTRACTORWARRANTIESARTICLE 007 The different warranties covering a contractor’s work AUTHOR: Michael A. Ludwig EMAIL: mludwig@jshfirm.com 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