Page 456 - Construction Waterproofing Handbook

11.12 CHAPTER ELEVEN
to find any warranty that simply states, “System is guaranteed to be waterproof.”All warranties
typically exclude circumstances beyond the manufacturer’s or contractor’s control. However,
owners should review warranties to ensure they are not full of exclusion clauses that negate
every possible failure of material or installation, making the warranty in effect worthless.
No warranty is better than the firm that provides it, and should the manufacturer or con-
tractor go out of business, a warranty is useless unless bonded by a licensed bonding com-
pany. A manufacturer or contractor that places emphasis on its reputation may be more
likely to take care of repairs or warranty items, regardless of the limitations that appear in
the warranty or guarantee.

Types of warranties
The terms warranty and guaranty typically are used interchangeably and have no distinct
difference. In preferential order, here is a list of warranty and guaranty types:

● Bonded
● Joint manufacturer and contractor warranty
● Combination of separate contractor and manufacturer warranties
● Manufacturer warranty covering both installation and materials
● Contractor labor warranty only
● Manufacturer material warranty only

Any of these warranties must be specific to be enforceable. Clauses such as, “warrant
against leakage” leave open the responsibility of a contractor or manufacturer. Does this
mean any leakage into the building, or leakages only through the applied systems? What
happens if a juncture between the warrantied system and another system fails? Who cov-
ers this failure? Regardless of the warranty type, it should be specific as to what is and is
not covered under guarantee terms.
Bonding of a warranty provides complete protection for a building owner and ensures
against failure by both contractor and manufacturer. A bonded warranty should be under-
written by a reputable, rated bonding company, licensed to do business in the state in
which it is issued.
Some bonded warranties may limit the extent of monies collectible under warranty work.
This works as a disadvantage to an owner, should a system require complete replacement.
For example, consider an inaccessible system, such as below-grade waterproofing, where
costs for obtaining repair access can well exceed the actual cost of repairing the leakage.
Joint warranties, signed by both contractor and manufacturer, offer excellent protection.
This warranty makes both firms liable, jointly and severally. This ensures that if one firm
is not available, the other is required to complete repairs. These warranties typically have
separate agreements by manufacturer and contractor, agreeing to hold each other harmless
if repairs clearly are due to defective material or defective workmanship. This separate
agreement does not affect the owner, as the document issued makes no mention of this side
agreement.
Manufacturers are selective as to whom they choose to become signatories to such
agreements. They qualify contractors financially, provide training, and make available
manufacturer’s representatives to ensure that materials are installed properly. Additionally,