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Article Excerpt
LAST WEEK, A CLIENT called, pretty distraught, because an owner wouldn't release its retention until the contractor submitted a manufacturer's warranty, and the manufacturer wouldn't issue the written warranty (the manufacturer said it had some doubt about the way the item had been installed, with which the contractor disagreed).
After looking over all the documents--the contract with the owner, the specifications, the purchase order to the manufacturer--I pointed out to the client that there already was a warranty, whether the manufacturer was willing to send out another piece of paper or not.
A warranty is a representation of fact ("I built this according to the plans and specs") on which the recipient can rely. In this case, as in most, the owner's requirement for a warranty is contained in the contract documents. In the project manual, which was included in the bid documents, there was a section that laid out...
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