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JPA, Architect
Proposed MCN Three-Storey Mixed-Use Commercial Building

MISCELLANEOUS PROVISIONS

MP-1 Warranty of construction.

a. For other warranties set out elsewhere in this contract, the Contractor warrants that the work
performed under this contract conforms to the contract requirements and is free of any defect of
equipment, material or design furnished, or workmanship performed by the Contractor or any of his
subcontractors or suppliers at time. Such warranties shall continue for a period of one year from
the date of final acceptance of the work, but with respect to any part of the work which the Owner
takes possession of prior to final acceptance, such warranties shall continue for a period of one
year from the date the Owner takes possession. Under this warranty, the Contractor shall remedy
at his expense any such failure to conform or for any such defect. In addition, the Contractor shall
remedy at his expense any damage to Owner-owned or controlled real or personal property, when
that damage is the result of the Contractor’s failure to conform to contract requirements or for any
such defect of equipment, material, workmanship, or design. The Contractor shall also restore any
work damaged in fulfilling the terms of this clause. The contractor’s warranty with respect to work
repaired or replaced hereunder will run for one year from the date of such repair or placement.

b. The Owner shall notify the Contractor in writing within a reasonable time after the discovery of any
failure, defect, or damage.

c. Should the Contractor fail to remedy any failure, defect, or damage described in (a) above within
reasonable time after receipt of notice thereof, the Owner shall have the right to replace, repair, or
otherwise remedy such failure, defect, or damage at the Contractor’s expense.

d. In addition to the other rights and remedies provided by this clause, all subcontractors’,
manufacturers’, and suppliers’ warranties expressed or implied, respecting any work and materials
shall be enforced by the Contractor for the Owner. In such case, if the Contractor’s warranty under
(a) above has expired, any suit directed by the Owner to enforce a subcontractor, manufacturer, or
a supplier warranty shall be at the expense of the Owner. The Contractor shall obtain any warranty
that the subcontractor’s manufacturers or suppliers would give in normal commercial practice.

e. Notwithstanding any other provision of this clause, unless such defects are caused by the
negligence of the Contractor or his subcontractors or suppliers at any time, the Contractor shall not
be liable for the repair of any defects of material or design furnished by the Owner nor for the repair
of any damage which results from any such defect in Owner-furnished material or design.

f. Defects in design or manufacture of equipment, specified by the Owner on a “brand name and
model” basis, shall not be included in this warranty. The Contractor shall require any subcontractor,
manufacturer, or supplier thereof to execute their warranties in writing directly to the Owner.

MP-2 Project sign. The Contractor shall provide a project sign fabricated to size as specified in the UAP-
DOC. 301. GENERAL CONDITIONS. The sign shall be rigidly framed and erected at a location designated
by the Construction Architect. No separate payment will be made for the sign, and all cost in connection
therewith shall be included in the contract price for the project. Upon completion of the work, the sign shall
be removed and disposed by the Contractor.

Miscellaneous Provisions
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JPA, Architect
Proposed MCN Three-Storey Mixed-Use Commercial Building

MP-3 Use of Owner facilities by the Contractor. The Contractor will not be permitted to utilize any Owner’s
building or facility for his job-site office space or storage area for materials without prior written approval of
the Construction Architect/Engineer.

MP-4 Interference with Owner operations. The Contractor shall establish work procedures and methods to
avoid interference with existing operations within or adjacent to the construction area. Free passage into
adjoining or adjacent buildings not in the contract will not be permitted, except as approved by the
Construction Architect/Engineer. Procedures and methods shall also provide for safe conduct of work and
protection of property which is to remain undisturbed.

Miscellaneous Provisions