Types of Warranties
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TYPES OF WARRANTIES

A warranty is a guarantee of the quality of a product or service.

Manufacturer/Material Warranties. The manufacturer (of paint, for example) will warrant that their product is free of manufacturing defects and will perform as advertised if properly applied to a surface. Accordingly, it's very important that associations specify in their painting contracts that the painter follow the manufacturer's specifications for cleaning the surfaces and applying the paint. Manufacturer warranties for roofs, paints, etc. will vary depending on the product. They can be as short as 1 year or as long as 20 years or more. Boards should receive written warranties at the end of the project.

Contractor Workmanship Warranties. Contractors should warrant that their work will be of good workmanship and free of defect. The contract should specify how long the contractor warranties his/her work and how defects are handled. Workmanship warranties are often shorter than material warranties.

Express versus Implied. Written warranties are explicit or "express" warranties. In addition, there are certain "implied" implies warranties if the contract does not disclaim them. The most common is good workmanship.

Remedies for Breach. Contractors who breach their warranties are damages. The measure of damages that an association may recover is generally the cost of repair. There may be other damages available depending on the circumstances. Claims for breach of contract/warranty must be timely or they will be barred by applicable statutes of limitation.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC