The Construction Warranty Agreement serves as a critical legal instrument in Indian construction projects, providing assurance and protection for property owners while clearly defining the obligations of constructors and developers. This document becomes necessary upon completion of construction projects, typically executed alongside or following the completion certificate. The agreement, governed by Indian law, specifically addresses warranty periods for different construction elements, quality standards, and remedial procedures for defects. It includes comprehensive details about covered components, exclusions, claim processes, and dispute resolution mechanisms, aligning with requirements under the Real Estate (Regulation and Development) Act 2016 and other relevant Indian legislation. The Construction Warranty Agreement is particularly important in establishing clear accountability and ensuring quality assurance in construction projects across residential, commercial, and industrial sectors.
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1. Parties: Identification of the warrantor (contractor/builder) and warranty beneficiary (property owner/client)
2. Background: Context of the construction project and purpose of the warranty agreement
3. Definitions: Detailed definitions of technical terms, construction components, and warranty-related terminology
4. Scope of Warranty: Detailed description of what is covered under the warranty, including materials, workmanship, and systems
5. Warranty Period: Duration of warranty coverage for different components and when coverage begins
6. Warrantor's Obligations: Specific responsibilities and commitments of the warrantor during the warranty period
7. Warranty Claims Procedure: Process for submitting, investigating, and resolving warranty claims
8. Remedies and Repairs: Types of remedies available and procedures for conducting repairs under warranty
9. Exclusions and Limitations: Specific exclusions from warranty coverage and limitations of liability
10. Owner's Responsibilities: Maintenance and usage obligations of the owner to maintain warranty validity
11. Dispute Resolution: Procedures for handling disputes related to warranty claims
12. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Extended Warranty Terms: Additional warranty coverage beyond standard terms, used when offering extended protection
2. Special Materials Warranty: Specific warranty terms for special materials or systems, included when project involves unique materials
3. Transferability: Terms for transferring warranty to subsequent property owners, included for longer-term warranties
4. Insurance Backing: Details of insurance coverage supporting the warranty, used for high-value projects
5. Performance Standards: Specific performance criteria and standards, included for complex technical projects
6. Emergency Repairs: Procedures for emergency repairs and temporary fixes, relevant for critical facilities
7. Warranty Bond: Terms of warranty bond or security, included when additional financial security is required
1. Schedule A - Property Details: Detailed description of the property and construction scope covered by warranty
2. Schedule B - Warranty Coverage Matrix: Detailed breakdown of warranty periods for different building components
3. Schedule C - Inspection Reports: Pre-warranty inspection reports and condition assessments
4. Schedule D - Maintenance Requirements: Detailed maintenance requirements to maintain warranty validity
5. Schedule E - Claim Forms: Standard forms and procedures for warranty claims
6. Appendix 1 - Technical Specifications: Detailed technical specifications of materials and systems covered
7. Appendix 2 - Documentation Requirements: List of required documentation for warranty claims
8. Appendix 3 - Contact Information: Contact details for warranty claims and emergency services
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Hospitality
Healthcare Facilities
Educational Institutions
Retail Development
Relevant Teams
Legal
Construction
Project Management
Quality Assurance
Risk Management
Compliance
Technical Services
Property Management
Customer Service
Contract Administration
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Contract Manager
Quality Assurance Manager
Site Engineer
Property Developer
Facility Manager
Risk Manager
Claims Manager
Construction Director
Compliance Officer
Technical Director
Property Manager
Warranty Administrator
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