Page 457 - Construction Waterproofing Handbook

LIFE CYCLES: QUALITY, MAINTENANCE, AND WARRANTIES 11.13
most manufacturers thoroughly inspect each project installation and require completion of
its own punch list before issuing warranties.
Warranties that cover labor and materials separately have consequences an owner
should be aware of. By supplying separate warranties, contractors and manufacturers often
attempt to pass the blame to each other rather than correct the problems. Owners may have
to contract out work to other parties to complete repairs, and attempt to recover from the
original manufacturer and contractor by legal means. In some situations, this method is
used to provide warranties of separate length for labor and material (e.g., 5-year labor, 10-
year material). These have the same limitations and should be reviewed carefully to com-
bine the two into one agreement.
Other warranties—labor only or materials only—have limited protection and should
be judged accordingly. Since most systems are field-installed, labor is most critical.
However, materials can fail for many reasons, including being used under the wrong
conditions. Therefore, both materials and labor should always be warrantied. By not
requiring a material warranty, manufacturers may not be under obligation to ensure that
materials are being used for appropriate conditions and with recommended installation
procedures.

Warranty clauses
Actual terms and conditions of warranties vary widely, and assistance from legal counsel
may be necessary. For common warranty clauses, special attention should be paid to the
following:
● Maintenance work required of an owner to keep the warranty in effect
● Alterations to existing waterproofing systems that can void a warranty
● Wear on systems that may void the warranty (e.g., snowplows, road salting)
● Unacceptable weathering (e.g., hurricanes, tornadoes)
● Requirement that prompt notification is given, usually in writing, within a specific time
● Contractor and manufacturer refunding of original cost, to satisfy warranty instead of
doing needed repairs
● Specific exclusions of responsibility:
Structural settlement
Improper application
Damage caused by others
Improper surface preparation
● Complete replacement of a faulty system versus patching existing system
All warranties are limited, and must be reviewed on an individual basis to eliminate any
unacceptable clauses before signing the contract, purchasing materials, and installation.
Items such as the actual specific location of a waterproofing system should be clearly
included in the warranty and not limited to the building address. The terms of what is actu-
ally covered should also be addressed (e.g., installation, leakage, materials, or all three).
The warranty should be specific, allowing those interpreting a warranty years later to
understand the original intended scope.