CHOP | Chapter 2.3.12 | pp 6

Warranty Review

The architect will be responsible for reviewing defects and deficiencies during the warranty period on behalf of the client and for notifying the contractor of items requiring attention. Prior to the anniversary date of the one-year warranty, the architect should arrange a review of the project. The review should include:

• the architect;
  
• the engineers;
  
• the client, and probably the client’s operations and maintenance personnel;
  
• the contractor;
  
• the commissioning agent (if there is one on the project). After a review of each situation, the architect:
  
• directs the contractor to correct the problem as required under a typical construction contract; or
  
• advises the client to deal with the condition, because it is a maintenance problem.
  

A summary of problems and construction deficiencies should be compiled. The architect verifies the accuracy of the list and forwards it to the contractor, before the contractor’s obligations under the contract expire. If the contractor fails to rectify a warranty item in a reasonable time, the architect may review the client’s rights under the bonding and insurance provisions in the contract. The architect may conduct periodic reviews of the project following occupancy to confirm with the client or the client’s personnel that all systems are operating. These reviews determine how well the client’s personnel understand the operations manuals and any programmed default settings within the systems. The architect should also advise the client that alterations to any work by the client’s own forces during the warranty period may void portions of the contractor’s obligation under the contract.

During the first year of operation, it is usually necessary to confirm the performance of mechanical or electrical systems which are used primarily during a certain season of the year. The architect must arrange for such inspection and verification with the engineers (and possibly with the commissioning agent). The contractor must demonstrate that these systems, which were conditionally accepted at the time of substantial performance, satisfy all design requirements before the architect can recommend final acceptance. The architect must document any adjustment or revision to these systems as well as modify the project database and the owner’s appropriate operating and maintenance manuals. The architect and the contractor may be called upon to account for deficiencies uncovered during post-occupancy, either as a result of defective workmanship or the original design.