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Xiony Lima

September 16, 2022 13:07

how long is the contractors work guarantee? 

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  Rebekka O'Melia September 16, 2022 13:58

  The warranty is negotiable.  It's outlined in the contract.  The standard is 1 year after substantial completion.  It's in AHPP.

  Hope this helps!

  Rebekka O'Melia, Registered Architect, NCARB, B. Arch, M. Ed, Step UP,  Step UP ARE 5.0 Courses

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  Xiony Lima September 16, 2022 14:00

  perfect thanks!

   

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  Michael Ermann September 20, 2022 09:53

  Contractor’s Warranty:

  Lasts until the statute of limitations and statute of repose extinguish the warranty, typically 10 years but state law sometimes alters that.

  Materials are new and of good quality

  Work free of defects

  Work will meet the requirements of the contract documents

  Contractor must fix it. If he doesn’t address it promptly, contractor agrees to pay another builder to fix it. Architect can withhold application for payment until defective work is remedied, and, of course, the owner can file a claim against the contractor.

  Excludes damage from: improper use, alterations by someone other than the contractor, improper maintenance, and from normal wear-and-tear. Fair enough.

   

  Correction of Work Period

  Extinguishes after one year

  Covers anything within that time period that is found to be not conforming to the contract documents.

  Legally separate from the contractor’s warranty, so owner enjoys both a 10-year contractor’s warranty and a one-year Correction of Work Period. These are two different sections of the AIA A201

   

  So the warranty lasts the 10-year-from-substantial-completion statute of repose (depending on the state) and the Correction of Work Period lasts one year from substantial completion and they each kind of cover the same thing.

   

  So why have the one-year Correction of Work Period at all when the warranty covers the owner for about 10 years? Within the one-year Correction of Work period when the contractor is called to fix something and refuses, the CONTRACTOR must prove that it wasn't the contractor's fault. The default assumption is that the defect IS his fault unless he proves otherwise. After that one-year Correction of Work period, but before the ten-year warranty period, if the contractor refuses to fix the defect, the OWNER must prove that it was the contractor's error that precipitated the defect. In summary, the difference between Correction of Work and Warranty: if both sides fail to agree on whether it was a construction quality issue, after one year, the onus of proof shifts from contractor to owner.

   

  *Read on to geek out:

  Construction warranty laws vary wildly by state, but the contract (and therefore the exam) sets the warranty default at a 10-year statute of repose limit, which means a hard-stop 10 years after substantial completion.

  In practice, the side with the better expert witnesses generally wins these cases.

  --Michael Ermann, Amber Book creator

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