Construction Warranty Requirements: Complete Contractor Guide 2025
Understand construction warranty requirements for government contracts. Learn about warranty periods, obligations, and best practices for managing construction warranties.
Introduction
Construction warranties obligate contractors to repair or replace defective work after project completion. Understanding warranty requirements protects both contractors and owners and helps you manage post-construction obligations effectively.
This guide covers warranty types, periods, contractor obligations, and best practices for warranty management.
Construction Warranty Basics
- General Warranty: Typically 1 year from substantial completion
- Extended Warranties: Specific items may have longer periods
- Manufacturer Warranties: Pass through to owner
- Scope: Defects in materials and workmanship
Types of Warranties
Construction contracts typically include multiple warranty types.
General Construction Warranty
The contractor's warranty that work is free from defects:
- Covers workmanship and materials
- Typically 1 year from substantial completion
- Contractor must correct defects at no cost
- Applies to all contract work
Special/Extended Warranties
Longer warranties for specific systems or components:
- Roofing systems (often 10-20 years)
- Waterproofing (5-10 years)
- HVAC equipment (varies)
- Windows and curtain wall
Manufacturer Warranties
- Provided by equipment/material manufacturers
- Passed through to owner
- May require registered installation
- Terms vary by product
Comparison
| Type | Period | Provider |
|---|---|---|
| General | 1 year | Contractor |
| Roofing | 10-20 years | Manufacturer + Contractor |
| Equipment | Varies | Manufacturer |
Warranty Periods
Understanding when warranties begin and end is important for managing obligations.
Start Date
Warranty periods typically begin at:
- Substantial completion
- Final acceptance
- Beneficial occupancy
- Date specified in contract
Check contract language—the specific trigger matters.
Federal Contract Periods
- General warranty: 1 year typical
- Equipment warranties per specifications
- May require warranty beyond substantial completion
- FAR 52.246-21 addresses warranties
Partial Occupancy
When owner takes partial occupancy before substantial completion:
- Warranty may start for occupied areas
- Document what areas are occupied when
- Clarify in writing with owner
- Track multiple warranty start dates
Contractor Obligations
Warranties create ongoing obligations after project completion.
Defect Correction
- Respond to warranty claims promptly
- Investigate reported defects
- Correct defects at no cost to owner
- Complete corrections within reasonable time
What's Covered
- Defective materials
- Poor workmanship
- Work not meeting specifications
- Latent defects appearing during warranty
What's Not Covered
- Normal wear and tear
- Damage from owner misuse
- Improper maintenance by owner
- Damage from third parties
- Acts of God/force majeure
Subcontractor Warranties
- Ensure subcontracts include warranty obligations
- Warranty period should match or exceed prime contract
- Obtain assignable manufacturer warranties
- Maintain subcontractor contact information
Managing Warranty Claims
Effective warranty claim management protects your reputation and limits costs.
Claim Response Process
- Receive and log claim
- Investigate promptly
- Determine if covered under warranty
- Schedule correction if covered
- Document resolution
Investigation Tips
- Inspect before making commitment
- Photograph existing conditions
- Determine root cause
- Identify responsible party (if subcontracted)
- Document findings
When to Push Back
- Damage from owner misuse or neglect
- Inadequate maintenance
- Claims outside warranty period
- Issues not related to your work
Warranty Bonds
Some contracts require warranty or maintenance bonds beyond project completion.
When Required
- Specified in contract
- Common for roofing and waterproofing
- May be required for equipment installations
- Federal contracts may specify
Bond Terms
- Typically 1-2 years (matching warranty)
- Penal sum matches warranty exposure
- Separate premium from performance/payment bonds
- May be standalone or reduction of original bond
Cost Considerations
Include warranty bond costs in your bid. Premiums typically range from 0.5% to 1.5% of covered amount per year.
Best Practices
Proactive warranty management reduces problems and costs.
Before Project Completion
- Complete punch list thoroughly
- Document as-built conditions
- Collect all manufacturer warranties
- Provide O&M manuals and training
- Conduct thorough final inspections
At Substantial Completion
- Document warranty start date
- Provide warranty information to owner
- Set up warranty tracking system
- Brief owner on maintenance requirements
During Warranty Period
- Respond promptly to claims
- Maintain contact with subcontractors
- Track and document all warranty work
- Schedule warranty walk-through before expiration
At Warranty Expiration
- Conduct final walk-through
- Address any outstanding items
- Obtain written release if possible
- Archive project files appropriately
Frequently Asked Questions
Does warranty work affect retainage?
Warranty obligations are generally separate from retainage. However, retainage may be withheld if defects exist at final completion. Warranty claims during the warranty period typically don't affect previously released retainage.
Can the warranty period be extended?
Contracts sometimes extend warranty for corrected work or areas not available for inspection. Warranty may also extend if contractor fails to correct defects timely. Review contract language carefully.
Who pays for warranty work access?
Contractor typically covers costs to access and correct defective work, including any removal and restoration necessary. This is part of the warranty obligation.
What about defects discovered after warranty expires?
Warranties limit the correction period but don't eliminate liability for latent defects or negligence. Statutes of repose (varying by state) ultimately limit exposure, typically 6-10 years.
Conclusion
Construction warranties are a normal part of contracting. Manage them proactively through quality construction, thorough documentation, and responsive claim handling. Good warranty management protects your reputation and builds client relationships.
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