Contractor Warranty Forms
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Standard Forms of Agreement for a Collateral Warranty … |
Foundation Repair Warranties
The warranty game, the most over used sales tool in the industry. The most advertised, yet the most misunderstood, part of having structural repair work done on your property is the warranty. You will see “Lifetime Warranty” or “Lifetime Transferable Warranty” or even “Longest Warranty in the Business”. What do these mean? What is the warranty worth? Are there any costs associated with the warranty? Most importantly, what warranty do I need?
The number one piece of advice about warranties – Read It! If the salesman does not have a copy for you to read, tell him to go get one. There is generally only one reason that he is not carrying one and that is because he does not want you to read it. If the warranty is too long or too hard to read, forget it. Warranties are simple – “This is what we cover and this is how long we cover it for”.
Lifetime Warranties, be careful. In some states a “lifetime warranty” is 7 years, some states it is 11 years and then some states it is for the life of the structure. Why would a lifetime warranty be 7 years? This can be the case because, according to a general law enacted by some states, the standard life of a service is 7 years. In these states your lifetime warranty is not as good as the others guys 10 or 15 year warranty.
Limited Warranties are standard in foundation repair. “Limited” means that the only things that are covered are the things that can be affected by the work that has been done. You still want to read this type of warranty and understand what is covered and for how long. Don’t forget to ask if there are any fees required for them to honor their warranty.
A manufacturer’s warranty of their products is the number one item that you should be looking for. If the individual installer goes out of business there will be someone standing behind the products. The best of these manufacturer’s have very simple and comprehensive warranties for their products. One specific manufacturer has a three part warranty form that states exactly what is covered and for how long. One copy goes to the installing contractor for his records and the other two go to the property owner. The property owner then submits one of their copies directly to the manufacturer so there is no doubt that it has been filed. Simple and effective.
Warranties should not be difficult, they should be readily available and straight forward. They need to state what is covered and for how long. If a foundation engineer has been hired to design and supervise the installation, and he recommends a product that a quality manufacturer will supply. There should not ever be a warranty issue in the first place. If there is, call the engineer first, the contractor second and lastly the manufacturer. Your issue will be resolved, and you will be happy.
Don’t play the warranty game. Hire quality people to work on your most valuable asset and rest assured that you have taken the correct steps to get what you pay for.
About the Author
Jeff Tully invites you to view his website http://www.myfoundationrepairs.com if you are having any foundation issues including bowing walls, cracks in your foundation or any type of settlement issue. On this website you will find the truth about foundation repair methods and what you should expect. There are many misconceptions about foundation piers or tie backs, get the straight answers here.
This site was designed and built with the homeowner in mind is the only true source for foundation repair and waterproofing information. From determining if you really have a structural issue to hiring an engineer or foundation expert, you will find the answers on my site.
Garage contractor refuses to fix moisture problem; states warranty has expired?
Last summer, or the summer before last ( 17 months ago) I had a 3 car garage built. It was stick built, nothing fancy, not any upgrades. It cost $61,000 in total including upgrades, etc. Yes, this is expensive, but the contractor was the “best” and had 30 years exp. in my area. Garage is heated insulated rocked etc.
The first winter, the walls grew wet the doors windows caked up with ice, and ice damn formed along the interior ceiling edge. The humidity ran 85-95%! Obviously a problem.
I call inspector and he find no baffles were added, cause insultion to be pressed against roof sheathing. Contracter sends his guys out and adds baffles, all seems fine. Next winter, same thing happens only worse. Moisture in garage is so bad, that when it got below freezing, the man door was stuck shut! Carboard boxes feel “wet” etc.
Contractor now states my 1 year warranty has expired, to bad. But this is a continuing problem. Do I have a legitimate court case if I take him to court?
I think you have a definite claim. I would go with the following action plan:
1 – Contact another inspector giving the specifics you just gave.
2 – Have this inspector state – in writing – that it was a contractor defect that caused this.
3 – Contact the contractor again and ask what remedy they will give you.
4 – If the remedy is unsatisfactory – contact an attorney and then determine if he/she can obtain a remedy for you that is worth the time, effort and cost (including attorney fees) to get such remedy.
5 – Notify the contractor what you have done and see if they will settle. If not – go to court.
Be aware – i.e., go in with your eyes open – with these facts in mind:
- Contractor could file bankruptcy – you get no remedy
- Attorney fees are not cheap and you need to get the feeling that those costs can be recouped as part of the settlement
- These type of cases can take 4 or 5 years to solve
- State contractor boards in certain states will help you look into these issue since it can place the contractor’s license on the line
- Some states have contractor remedies in place (NV does)
- Key is to threaten the contractor with loss or license if no remedy
Take all of these into account. Also take into account if you made any changes that the contractor can point to and say it’s your fault. Also, check out the original contract to see if there is any language in there that would not be in your favor. Your attorney would probably ask the same thing.
Best of luck.
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