Masonry Magazine March 2002 Page. 14
TRUE BENEFIT OF Written WARRANTIES
by Mark R. Nelson, CSI, CDT ChemRex/Degussa
Today, most design professionals understand that written manufacturers' warranties in the construction industry are drafted to overwhelmingly benefit one party, the manufacturer. Nonetheless, written warranties can provide some practical benefit to the owner and design professional provided that he or she understands how to take advantage of these benefits. This article will illustrate how to recognize and benefit from those written warranties.
EXPRESS VS. IMPLIED WARRANTIES
When a contractor purchases a product from a distributor included with that product are numerous implied warranties from the manufacturer. All state laws provide for such protections in some manner. Simply stated, if a product fails to perform as it is supposed to, then the manufacturer may be responsible to the contractor, and ultimately the owner, for damages. These damages can include the costs of replacing the purchased materials and the costs of replacing any items damaged as a result of the failure of those materials to perform properly, also known as incidental and consequential damages. However, those same state laws allow manufacturers to limit or even completely exclude those implied warranties, so long as that agreement is in writing, i.e. the written manufacturer's warranty. Therefore, the issuance of written warranties in our industry effectively limits the implied warranties provided to the owner under state laws.