Construction Warranties Part 1
Construction warranties exists as an assurance from one party to another party that requirements will be met as defined in the contract. If failure occurs at any point before, during, or after a project’s completion, the warranty guarantees that the responsible party will move to rectify unsatisfactory work as agreed while relieving the other party of liability.
Contracts require great attention and expertise and this is why it’s imperative you seek legal counsel. The Sarasota construction attorneys of Cotney Construction Law can can help you ensure that your warranty obligations are limited to your own work and only for a set period of time.
In the first part of this two-part article, we’ll introduce you to two types of construction warranties.
Generally, most warranties are express warranties that are written, or in some cases verbally spoken, in a contract agreement, in general conditions, in specifications, or written-in exceptions. Contractors will expressly warrant that their work will be defect-free and conform to the contract documents. In the event there is a breach, the contractor is liable to remedy work not in compliance with the standards outlined in the contract.
Implied warranties are implied by law; that is, Florida law finds you liable for warranties with the exception of those you clearly disclaim. The purpose is to protect parties in when circumstances regarding the intent of a warranty arise that weren’t expressly written in the contract.
Insurance Against Breaches
Incorporating warranty provisions into your contract is built-in protection against possible claims regarding defects and design in your work. Sarasota construction lawyers are aware of the numerous warranty claims that may arise and are available to assist you in all your contract agreement needs. Visit Part 2 of the article to learn about the different types of express and implied warranties
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.