The Construction Warranty Agreement is a critical document used in the Philippine construction industry to provide property owners with assurance regarding the quality and durability of construction works. This agreement becomes necessary upon completion of construction projects, whether commercial, residential, or industrial, and is designed to comply with Philippine construction laws, including the Civil Code of the Philippines and the National Building Code. It typically follows the completion of the main construction contract and provides detailed warranties for workmanship, materials, and building systems. The document outlines specific procedures for warranty claims, establishes response times for remedial work, and defines exclusions and limitations. It serves as a crucial risk management tool while providing clarity on post-construction obligations and responsibilities between contractors and property owners.
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1. Parties: Identification of the Contractor/Builder providing the warranty and the Owner/Beneficiary receiving the warranty
2. Background: Context of the construction project and reference to the main construction contract
3. Definitions: Definitions of key terms used throughout the agreement including 'Defects', 'Warranty Period', 'Works', etc.
4. Scope of Warranty: Detailed description of what is covered under the warranty, including materials, workmanship, and systems
5. Duration of Warranty: Specification of the warranty period for different components and when the warranty period begins
6. Contractor's Obligations: Detailed responsibilities of the contractor during the warranty period
7. Warranty Claims Procedure: Process for reporting defects and making warranty claims
8. Response Times and Remedies: Timeframes for addressing warranty claims and types of remedies available
9. Exclusions: Specific circumstances or conditions not covered by the warranty
10. Assignment: Terms regarding the transferability of the warranty to subsequent property owners
11. Dispute Resolution: Procedures for resolving disputes related to warranty claims
12. Governing Law: Confirmation of Philippine law as governing law and relevant jurisdiction
1. Performance Bonds: Include when additional security for warranty obligations is required
2. Extended Warranty Terms: Used when offering extended warranty periods beyond statutory requirements
3. Maintenance Requirements: Include when warranty validity depends on specific maintenance procedures
4. Insurance Requirements: Add when specific insurance coverage is required during the warranty period
5. Special Conditions for Specific Systems: Include for complex projects with specialized systems requiring specific warranty terms
6. Force Majeure: Add when specific provisions for extraordinary events affecting warranty obligations are needed
7. Subcontractor Warranties: Include when incorporating warranties from subcontractors or manufacturers
1. Schedule A - Scope of Warranted Works: Detailed description of all construction works covered by the warranty
2. Schedule B - Technical Specifications: Specific technical standards and specifications that the works must maintain
3. Schedule C - Warranty Claim Form: Standard form for submitting warranty claims
4. Schedule D - Response Time Requirements: Detailed timeframes for different types of warranty issues
5. Schedule E - Maintenance Requirements: Required maintenance procedures to maintain warranty validity
6. Appendix 1 - Original Construction Completion Certificate: Copy of the completion certificate marking the start of the warranty period
7. Appendix 2 - Manufacturer Warranties: Copies of manufacturer warranties for installed materials and equipment
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Public Works
Healthcare Facilities
Educational Institutions
Hospitality
Retail Development
Relevant Teams
Legal
Construction Management
Project Management
Quality Assurance
Risk Management
Compliance
Technical Services
Property Management
Contract Administration
Facilities Management
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Contract Administrator
Quality Assurance Manager
Property Developer
Facility Manager
Construction Site Supervisor
Risk Management Officer
Compliance Officer
Technical Director
Chief Engineer
Procurement Manager
Property Manager
Claims Manager
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