How does Warranty works on early occupied area?

Building Section Vignette and Multiple Choice

How does Warranty works on early occupied area?

Postby hllARE » Fri May 19, 2017 12:39 pm

I came across a question from Archiflash that I don't quite understand. When the owner occupied portion of the building before substantial completion, then is the warranty period different from the formal substantial completion area? As I understand, warranty is one after substantial completion.
Much thanks.
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Re: How does Warranty works on early occupied area?

Postby gbalaka » Fri May 19, 2017 3:17 pm

Here's my thinking behind this.

Substantial completion is what sets the beginning of the warranty period (as you already mentioned), so if the owner was to occupy a space earlier, there would be no warranty on that place until an official Date of Substantial Completion has been established.

It's not recommended for the owner to occupy portions of the building prior to Substantial Completion, so the Owner would be at risk of doing so. I can just imagine a contractor on a major project having multiple dates of substantial completion and how that would be a headache.

But maybe i'm completely wrong - that's just my personal interpretation. (I don't have the A201 in front of me right now)
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Re: How does Warranty works on early occupied area?

Postby Coach » Fri May 19, 2017 5:13 pm

That is clearly addressed in A201.
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Re: How does Warranty works on early occupied area?

Postby gbalaka » Sat May 20, 2017 10:59 am

I'm looking at the A201, section 9.9 PARTIAL OCCUPANCY OR USE and i've read it several times and i'm not sure how to interpret it.

....Such partial occupancy or use
may commence whether or not the portion
is substantially complete, provided
the Owner and Contractor have accepted
in writing the responsibilities assigned to
each of them for payments, retainage, if
any, security, maintenance, heat, utilities,
damage to the Work and insurance, and
have agreed in writing concerning the
period for correction of the Work and
commencement of warranties required
by the Contract Documents.....

How do you interpret that Coach?
It almost seems that the answer is between the owner and the contractor? I'm not understanding this clearly.
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Re: How does Warranty works on early occupied area?

Postby Coach » Sat May 20, 2017 4:38 pm

It requires a special, additional, written agreement.
It would help to study the version with commentary.
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