AEC definitions
A construction warranty is the contractor's obligation to repair work that does not conform to the contract, for the period the contract states, often one year from substantial completion. Manufacturer warranties on a roof or a chiller are additional. They do not replace the contractor's duty, and the contractor's duty does not replace a manufacturer warranty the spec required.
Definition
The general conditions describe the correction period and how the owner gives notice. Special warranties in the specifications, such as a 20-year roof warranty, are products the contractor must deliver at closeout. The clock, the transferability, and whether the owner is the beneficiary have to match the spec. A warranty is not a maintenance contract. Damage, abuse, and normal wear are outside it. A defect in the work is inside it. Calling the manufacturer for a workmanship leak wastes the correction period.
In depth
The owner notifies the contractor of nonconforming work. The contractor corrects it at their cost. If they do not, the owner can correct and charge back, following the clause. The period is not a limit on latent defects where the law gives a longer time. It is a contractual callback window.
Extended warranties for work corrected near the end of the period should be stated, so a repair in month 11 is not warranted for only a month.
Roofing, waterproofing, equipment, and coatings often require a manufacturer warranty in the owner's name, for a term, with no dollar cap or with a stated cap. The submittal and the closeout binder both need the executed form, not a sample.
A warranty that excludes the actual installation method is not the warranty the spec bought. Read the exclusions before you accept the paper.
Substantial completion usually starts the contractor's period. Phased completion may start it building by building. Manufacturer warranties may start at shipment, startup, or substantial completion. Write the date in the closeout log or the argument will be about calendars.
Early occupancy can start a clock if the contract says so. Check before the owner moves in.
Filters, lamps, and abuse are maintenance. A failed seal in year one is a callback. The O&M manual tells the owner how to maintain.
The warranty tells the contractor what they must still fix. Mixing them produces angry service calls.
Examples
Substantial completion is in March. In November the owner notifies the contractor of a leaking joint. The correction-period clause requires the contractor to repair it.
The roofing spec requires a 20-year manufacturer warranty in the owner's name. Closeout includes the executed warranty, not a brochure.
A broken window from a move-in cart is not a warranty item. The contractor's installation defect next to it is.
FAQ
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