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Roofing Contractor's Workmanship Warranty

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Roofing Contractor's Workmanship Warranty

Postby Eston » Thu Dec 01, 2016 8:21 pm

We just had two roofs done by the same contractor, whose services were procured by the help of a roof advisor.  In each contract it states that he will provide a 10-yr. workmanship warranty.  When we asked about a separate written warranty, with details, the roof advisor told us the contract is our warranty, and that it is better than a written warranty, because they have limitations.  We have had issues all long the way with one roof, which is on our home, and now that they were addressed, and the company has been paid, we have found another one involving nail heads not nailed down all the way, causing the shingles to fishmouth.  We are currently waiting for a call from the contractor, who according to the roof advisor, will fix the problem.  Should we be concerned, and should there be a written workmanship warranty?
Eston
 
Posts: 40
Joined: Tue Mar 04, 2014 7:02 am

Roofing Contractor's Workmanship Warranty

Postby Aoidh » Fri Dec 02, 2016 11:03 pm

Hmmm..... about all I can help you with on this one is telling you what we do at my Company, Rooftime LLC. We install roofing, attic insulation, gutters, and siding in Northern Kentucky and in Cincinnati, Ohio. We do not use our contracts as a warranty agreement. There are no terms, limitations, or explanations in a contract which already does double duty by also being the bid.

Rooftime LLC is a member of the Midwest Roofing Contractors Association(MRCA), and we use their guidelines and documents, when it comes to a labor warranty.

What the MRCA asks of its membership, is to issue a 2 year labor warranty. The thinking is this: if the roofer has done or failed to do, something in the install process that can cause a leak, it is not going to show up LATER, but rather sooner! A roof goes through a tremendous amount of THERMAL shifting. As the temperature rises and falls, the wood substrate moves, flashings pull, and shingles shift on the nails. So after two summers of heating up(expanding) and two winters of cold(contraction) a roofers leak is going to appear. In year six, seven eight and on, a leak is more than likely going to be from mother nature, a satellite dish, Christmas decorations, etc.

The MRCA has used a very good lawfirm to draft the agreement, and encourages all members to use it as their labor warranty. At Rooftime LLC, we upped the years to FIVE. We offer this document on every job we perform.

Going to try to include it here for your review, but you can also go to the MRCA website and find it there!

RESIDENTIAL ROOFING LIMITED FIVE -YEAR(5) WORKMANSHIP WARRANTY

1)    Contractor:

2)    Roof Owner:

3)    Type and Name of Building :

Building Location:

Area of Roof:

4)    Roofing Materials Manufacturer:

(Name and Address)

5)    Warranty begins:    and expires:

(Date)    (Date) 6)   Warranty: Contractor  warrants to Owner that it applied the roofing materials to the above-described roof in accordance with  (a)  the written

specifications of Roofing Materials Manufacturer and(b) good roofing industry practices, in effect on   ,  the  date application commenced.

Subject to the following terms, conditions and limitations, Contractor will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in said roof which are the result of defects in Contractor's workmanship. Upon expiration of the term of this Warranty, without notice from Owner of some defect, Contractor shall have no further obligation to make repairs at Contractor's expense under any provision of this Warranty and Owner shall not make any further demand or claim against Contractor concerning Contractor's workmanship, or the roofing materials installed, provided that Contractor promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty which are called to Contractor's attention during the term of this Warranty by Owner. 7)    Terms, Conditions and Limitations: This warranty does not cover any leaks in the roof caused by: the acts or omissions of other trades or contractors;   lightning, winds of peak gust speeds of 55  m.p.h. or higher measured at 10  meters above ground, hail storm, flood, earthquake or other unusual   phenomenon of the elements; structural settlement; failure, movement, cracking or excess deflection of the roof deck; defects or failure of materials used   as a roof substrate over which the roof system is applied; faulty condition of parapet walls, copings, chimneys, skylights, vents, supports or other parts of   the building; vapor condensation beneath the roof; penetrations for pitch boxes; erosion, cracking and porosity of mortar and brick; dry rot; stoppage of   roof drains and gutters; penetration of the roof from beneath by rising fasteners of any type; inadequate drainage, slope or other conditions beyond the   control of Contractor which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids   and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system. If the roof fails to maintain a watertight   condition because of damage by reason of any of the foregoing, this warranty shall immediately become null and void for the balance of its term unless   such damage is repaired by Contractor at the expense of Owner. 8)   Notification by Owner; During the term of this warranty, if the roof leaks, Owner must immediately notify Contractor by telephone of such leaks, and

promptly confirm such telephone notice by written notice to Contractor.

9)   Events Which May Void Warranty: This warranty shall become null and void:

a)   Unless Contractor receives notice from Owner in accordance with paragraph 8 above of any leaks and is provided an opportunity to inspect, and if

required by the terms of this warranty, to repair the roof;

b)     If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, railings, platforms or other   equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Contractor in writing and giving   Contractor the opportunity to make the necessary roofing application recommendations with respect thereto, which recommendations are complied   with.  Contractor shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the   subject roof; c)   If any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a

defined area and the specification is noted in paragraph 14 below.

10)   Transferability: This warranty shall accrue only to the benefit of the original Owner named above.  It is not transferable to any other person, except

with the prior written consent of Contractor.

11)    No Other Warranties: No other express warranty is given.  The repair of the subject roof is the exclusive remedy.  THERE ARE NO WARRANTIES   THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.  THE IMPLIED WARRANTIES OF MERCHANTABILITY AND   FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO THE TWO-YEAR TERM OF THIS WRITTEN WARRANTY.   SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY   NOT APPLY TO YOU. This warranty is separate and apart from any warranty that maybe issued to Owner by the manufacturer of the materials applied by Contractor to said roof. CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO OWNER IN CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH MANUFACTURER'S WARRANTY. 12)    Incidental or Consequential Damages: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER   PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF   PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF   CONTRACT OR UNDER ANY OTHER THEORY OF LAW.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF   INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 13)   Payment to Contractor: This warranty shall not be or become effective unless and until Contractor has been paid in full for said roof in accordance

with the agreement pursuant to which said roof was applied.

14)   Additional conditions or exclusions

This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

This warranty has been duly executed this   day of   ,20

By:   By:

Contractor   Owner  2002C Residential Roofing Limited 2 Year Warranty Midwest Roofing Contractors Association w 800/497-6722 w www.mrca.org Good Luck

Dale
Aoidh
 
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Joined: Thu Feb 06, 2014 6:28 am


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