Corpus sync: neutrality remakes, note hygiene, datasheet relocation, transformer-split cross-refs
---
title: Warranties and Bonds
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## The general warranty (correction period) commences at the date of Substantial Completion unless the Contract documents establish a different commencement date. {note}
−## The standard general conditions tie the one-year correction period to Substantial Completion. Some contracts instead commence warranties at the date of Final Acceptance, or at first beneficial occupancy of a specific system or area. The specifier must select one basis and state it clearly, because the commencement date sets the clock for every downstream warranty obligation. {note}
+## The standard general conditions tie the one-year correction period to Substantial Completion. Some contracts instead commence warranties at the date of Final Acceptance, or at first beneficial occupancy of a specific system or area. The specifier must select one basis and state it clearly, because the commencement date sets the clock for every downstream warranty obligation.
```datasheet
…17 unchanged lines
### The Contractor's general warranty (correction period) shall be one year from the applicable commencement date unless an extended period is specified.
−### One year from Substantial Completion is the general-conditions default and the typical case for private commercial work. The correction period is a contractual remedy distinct from, and shorter than, the implied warranty of workmanship, which in most jurisdictions runs to the applicable statute of limitations. {note}
−
```datasheet
label: Contractor general warranty (correction period)
…5 unchanged lines
```
+### One year from Substantial Completion is the general-conditions default and the typical case for private commercial work. The correction period is a contractual remedy distinct from, and shorter than, the implied warranty of workmanship, which in most jurisdictions runs to the applicable statute of limitations. {note}
+
### Where an extended contractor warranty is required for a specific trade, the product section shall state the extended duration, and that duration shall control for that scope.
−### Extended contractor warranties are most common for mechanical, electrical, and plumbing systems at two years, and for waterproofing and below-grade systems at up to five years. The extended period applies only to the scope named in the product section; the one-year general correction period still applies to the balance of the Work. {note}
−
```datasheet
label: Extended contractor warranty - MEP systems
…14 unchanged lines
```
+### Extended contractor warranties are most common for mechanical, electrical, and plumbing systems at two years, and for waterproofing and below-grade systems at up to five years. The extended period applies only to the scope named in the product section; the one-year general correction period still applies to the balance of the Work. {note}
+
### The correction period does not limit the Contractor's other obligations or remedies available to the Owner under the Contract or at law. {note}
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### These figures reflect common manufacturer offerings and serve as defaults when a product section does not state otherwise. They are not a substitute for the product section's own requirement, which always controls for its scope. {note}
+### The roofing membrane no-dollar-limit warranty duration shall be specified in years, and the roofing product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Roofing membrane warranty (NDL)
…5 unchanged lines
```
+### The roofing insulation warranty duration shall be specified in years, and the roofing product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Roofing insulation warranty
…5 unchanged lines
```
+### The curtainwall and glazing warranty duration shall be specified in years, and the curtainwall product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Curtainwall and glazing warranty
…5 unchanged lines
```
+### The exterior cladding or EIFS warranty duration shall be specified in years, and the cladding product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Exterior cladding / EIFS warranty
…5 unchanged lines
```
+### The resilient flooring warranty duration shall be specified in years, and the flooring product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Resilient flooring warranty
…5 unchanged lines
```
+### The exterior coatings warranty duration shall be specified in years, and the coatings product section's own requirement shall control where it states otherwise.
+
```datasheet
label: Exterior coatings warranty
…26 unchanged lines
### The Contractor shall submit each warranty on the form designated in the Contract documents.
−### Two formats are common: an Owner-supplied blank warranty form that the warranting party completes and executes, and a contractor-assembled binder containing each party's executed warranty. The specifier should state which is required, and whether a manufacturer's standard printed warranty is acceptable or whether an executed custom form is required. {note}
−
```datasheet
label: Warranty submittal form
…6 unchanged lines
```
+### Two formats are common: an Owner-supplied blank warranty form that the warranting party completes and executes, and a contractor-assembled binder containing each party's executed warranty. The specifier should state which is required, and whether a manufacturer's standard printed warranty is acceptable or whether an executed custom form is required. {note}
+
### Each warranty submitted shall bear original signatures, the project name, the contract number, and pre-filled commencement and expiration dates.
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### Where required by the Contract documents, each warranty shall be assignable to subsequent owners.
−### On condominiums, sale-leaseback arrangements, and public-private partnerships, a warranty that is not expressly assignable can be voided when ownership transfers, leaving the new owner without coverage. The specifier should require express transferability whenever a change of ownership is foreseeable. {note}
−
```datasheet
label: Warranties must be transferable to subsequent owners
…5 unchanged lines
```
+### On condominiums, sale-leaseback arrangements, and public-private partnerships, a warranty that is not expressly assignable can be voided when ownership transfers, leaving the new owner without coverage. The specifier should require express transferability whenever a change of ownership is foreseeable. {note}
+
## Warranty Exclusions and Coverage Continuity {toc}
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### The Contractor shall furnish the surety bonds required by the Contract documents for this project.
−### Not every project requires all three bond types. Public works and federally funded work require performance and payment bonds; many public infrastructure projects add a maintenance bond. Private projects may require a performance bond only, or no bond at all below the Owner's risk threshold. The selection is driven by project type, funding source, and the Owner's risk tolerance. {note}
−
```datasheet
label: Bonds required
…6 unchanged lines
```
+### Not every project requires all three bond types. Public works and federally funded work require performance and payment bonds; many public infrastructure projects add a maintenance bond. Private projects may require a performance bond only, or no bond at all below the Owner's risk threshold. The selection is driven by project type, funding source, and the Owner's risk tolerance. {note}
+
### On federal contracts exceeding the statutory threshold, the Contractor shall furnish both a performance bond and a payment bond.
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### The performance bond penal sum shall be the percentage of the Contract Sum stated in the Contract documents.
−### One hundred percent of the Contract Sum is the default for federal and most state public works and is the predominant case for public work generally. Some private projects accept a reduced penal sum, commonly fifty percent, where the Owner's risk is lower. The specifier should weigh the bond premium, typically a fraction of a percent to a few percent of the contract, against the risk on smaller private projects. {note}
−
```datasheet
label: Performance bond penal sum
…5 unchanged lines
```
+### One hundred percent of the Contract Sum is the default for federal and most state public works and is the predominant case for public work generally. Some private projects accept a reduced penal sum, commonly fifty percent, where the Owner's risk is lower. The specifier should weigh the bond premium, typically a fraction of a percent to a few percent of the contract, against the risk on smaller private projects. {note}
+
### The payment bond penal sum shall be the percentage of the Contract Sum stated in the Contract documents.
−### Under the Miller Act and most state analogs the payment bond equals one hundred percent of the Contract Sum. This protects subcontractors and suppliers and, in turn, shields the Owner from liens on public property where mechanic's liens are unavailable. {note}
−
```datasheet
label: Payment bond penal sum
…5 unchanged lines
```
+### Under the Miller Act and most state analogs the payment bond equals one hundred percent of the Contract Sum. This protects subcontractors and suppliers and, in turn, shields the Owner from liens on public property where mechanic's liens are unavailable. {note}
+
### The penal sum of each bond shall increase proportionally with any increase in the Contract Sum resulting from change orders.
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### Where a maintenance bond is required, its term shall be the period stated in the Contract documents, measured from the same commencement date selected for the general warranty.
−### Twelve months from Substantial Completion is the typical default for buildings and parallels the one-year correction period. Twenty-four months is increasingly required for paving, drainage, and roofing on public projects, where defects often surface only after a full seasonal cycle. The specifier should match the maintenance bond term to the system's likely failure window. {note}
−
```datasheet
label: Maintenance bond term
…5 unchanged lines
```
+### Twelve months from Substantial Completion is the typical default for buildings and parallels the one-year correction period. Twenty-four months is increasingly required for paving, drainage, and roofing on public projects, where defects often surface only after a full seasonal cycle. The specifier should match the maintenance bond term to the system's likely failure window. {note}
+
## Surety Qualifications {toc}
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### Warranty and bond closeout documents shall be submitted within the period stated below after Substantial Completion, concurrent with the closeout submittal package.
−### Warranty and bond submittals are a subset of the overall closeout package handled by [[sync/closeout-procedures]]. Submitting them concurrently, typically within ten days of Substantial Completion, keeps the warranty clock and the retainage release on the same schedule. {note}
−
```datasheet
label: Warranty and bond submittal deadline after Substantial Completion
…5 unchanged lines
```
+### Warranty and bond submittals are a subset of the overall closeout package handled by [[sync/closeout-procedures]]. Submitting them concurrently, typically within ten days of Substantial Completion, keeps the warranty clock and the retainage release on the same schedule. {note}
+
## Subcontractor-Issued Special Warranties {toc}
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### The Contractor shall begin correction of a covered defect within the response time stated in the Contract documents.
+```datasheet
+label: Contractor response time for warranty claims (emergency / non-emergency)
+type: select
+unit: hours
+options:
+ - 24
+ - 72
+ - 168
+```
+
### If the Contractor fails to begin correction within the response time stated in the Contract documents, the Owner may have the defect corrected by others and recover the cost from the Contractor or its surety.
…10 unchanged lines
### Without this provision, a repair late in a warranty term could carry little or no remaining coverage. A full reset of the warranty term on corrected Work keeps the Owner protected after a corrective action and removes the incentive to defer repairs to the end of the warranty period. {note}
−```datasheet
−label: Contractor response time for warranty claims (emergency / non-emergency)
−type: select
−unit: hours
−options:
− - 24
− - 72
− - 168
−```
−
# Coordination {toc}
−## Bond requirements stated in the Owner-Contractor Agreement and General Conditions shall be cross-referenced in this section so that subcontractors and trades reading only their technical sections are aware of flow-down bonding obligations. {note}
+## Bond requirements stated in the Owner-Contractor Agreement and General Conditions shall be cross-referenced in this section so that subcontractors and trades reading only their technical sections are aware of flow-down bonding obligations.
## A common pitfall is to state bonding only in the contract and never in the specifications, so that specialty trades never see obligations that flow down to their work. Carrying a cross-reference here closes that gap. Quality and inspection coordination is handled by [[sync/quality-requirements]] and [[sync/submittal-and-quality-procedures]]; operation and maintenance data accompanying warranties is handled by [[sync/operation-and-maintenance-data]]. {note}
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### Where a conflict exists between a product section and this section, the Contractor shall apply the more stringent requirement unless the Contract documents direct otherwise.