CONTRACTOR'S FIVE (5) YEAR NO PENAL SUM WARRANTY
FOR
NON-STRUCTURAL METAL ROOF SYSTEM
(continued)
**REPORTS OF LEAKS AND ROOF SYSTEM DEFICIENCIES SHALL BE RESPONDED TO WITHIN
48 HOURS OF RECEIPT OF NOTICE, BY TELEPHONE OR IN WRITING, FROM EITHER THE
OWNER OR CONTRACTING OFFICER. EMERGENCY REPAIRS TO PREVENT FURTHER ROOF
LEAKS SHALL BE INITIATED IMMEDIATELY; A WRITTEN PLAN SHALL BE SUBMITTED FOR
APPROVAL TO REPAIR OR REPLACE THIS ROOF SYSTEM WITHIN SEVEN (7) CALENDAR
DAYS. ACTUAL WORK FOR PERMANENT REPAIRS OR REPLACEMENT SHALL BE STARTED
WITHIN 30 DAYS AFTER RECEIPT OF NOTICE, AND COMPLETED WITHIN A REASONABLE
TIME FRAME. IF THE CONTRACTOR FAILS TO ADEQUATELY RESPOND TO THE WARRANTY
PROVISIONS, AS STATED IN THE CONTRACT AND AS CONTAINED HEREIN, THE
CONTRACTING OFFICER MAY HAVE THE NON-STRUCTURAL METAL ROOF SYSTEM REPAIRED OR
REPLACED BY OTHERS AND CHARGE THE COST TO THE CONTRACTOR.
IN THE EVENT THE CONTRACTOR DISPUTES THE EXISTENCE OF A WARRANTABLE DEFECT,
THE CONTRACTOR MAY CHALLENGE THE OWNER'S DEMAND FOR REPAIRS AND/OR
REPLACEMENT DIRECTED BY THE OWNER OR CONTRACTING OFFICER EITHER BY REQUESTING
A CONTRACTING OFFICER'S DECISION UNDER THE CONTRACT DISPUTES ACT, OR BY
REQUESTING THAT AN ARBITRATOR RESOLVE THE ISSUE. THE REQUEST FOR AN
ARBITRATOR MUST BE MADE WITHIN 48 HOURS OF BEING NOTIFIED OF THE DISPUTED
DEFECTS. UPON BEING INVOKED, THE PARTIES SHALL, WITHIN TEN (10) DAYS,
JOINTLY REQUEST A LIST OF FIVE (5) ARBITRATORS FROM THE FEDERAL MEDIATION AND
CONCILIATION SERVICE. THE PARTIES SHALL CONFER WITHIN TEN (10) DAYS AFTER
RECEIPT OF THE LIST TO SEEK AGREEMENT ON AN ARBITRATOR. IF THE PARTIES
CANNOT AGREE ON AN ARBITRATOR, THE CONTRACTING OFFICER AND THE PRESIDENT OF
THE CONTRACTOR'S COMPANY WILL STRIKE ONE (1) NAME FROM THE LIST ALTERNATIVELY
UNTIL ONE (1) NAME REMAINS. THE REMAINING PERSON SHALL BE THE DULY SELECTED
ARBITRATOR. THE COSTS OF THE ARBITRATION, INCLUDING THE ARBITRATOR'S FEE AND
EXPENSES, COURT REPORTER, COURTROOM OR SITE SELECTED, ETC., SHALL BE BORNE
EQUALLY BETWEEN THE PARTIES. EITHER PARTY DESIRING A COPY OF THE TRANSCRIPT
SHALL PAY FOR THE TRANSCRIPT. A HEARING WILL BE HELD AS SOON AS THE PARTIES
CAN MUTUALLY AGREE. A WRITTEN ARBITRATOR'S DECISION WILL BE REQUESTED NOT
LATER THAN 30 DAYS FOLLOWING THE HEARING. THE DECISION OF THE ARBITRATOR
WILL NOT BE BINDING; HOWEVER, IT WILL BE ADMISSIBLE IN ANY SUBSEQUENT APPEAL
UNDER THE CONTRACT DISPUTES ACT.
A FRAMED COPY OF THIS WARRANTY SHALL BE POSTED IN THE MECHANICAL ROOM OR
OTHER APPROVED LOCATION DURING THE ENTIRE WARRANTY PERIOD.
-- End of Section --
SECTION 07412
Page 31
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