In Part 1 of our two-part article series we gave you a basic overview of construction warranties. Construction warranties are important because they serve as quality standards for all involved in a construction project. They are incorporated into contracts to ensure that defective work at any point during the construction process will be remedied. Our Sarasota construction attorneys are available should you need warranty provisions drafted specific to your contract needs.
In this second installment, we’ll go into more detail about the different types of express and implied warranties.
Types of Express Warranties
Express warranties are promises to another party verbally or expressly written in a construction contract. We’ll discuss a few of the typical construction warranties frequently included in contracts.
- Materials and Equipment: this provision provides that materials and equipment used during the construction project meet quality and functionality standards by law and that any defect that occurs as a result of the malfunctioning, improper use, or unauthorized use of materials and equipment will be remedied by the party responsible for the work as outlined in the contract.
- Call-back Warranty: this provision is concerned with the discovery of an issue not in compliance with the contract by one party and the correction of the noncompliant issue within a reasonable period of time, provided that written notice is given from the dissatisfied party.
Types of Implied Warranties
Implied warranties are rules that aren’t written in a contract, and unless disclaimed, they are still enforceable by law. Most times implied warranties surface because of some breach of duty on the part of one party. Following are typical implied warranties included in contracts:
- Warranty of Good Workmanship: a duty that applies beyond a contract agreement. Implies that work will be completed reasonably and skillfully without defect by a competent and trained professional.
- Warranty of Habitability: this provision is also known as merchantability and implies that a construction will be suitable for habitation. A breach of this implied warranty can be made by a party regardless of them providing
Prevent Warranty Claims
Here are some ways you can guard against warranty claims:
- Clearly define the terms and standards of the warranty
- Be sure your legal documents disclaim implied warranties according to your state regulations
- Employ the assistance of a Sarasota construction lawyer to review your contract regularly and to make sure your contract has a provision for arbitration and media
- Address any disputes brought up by the owner to avoid escalation to defect claims in the event an escalation
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.