Contractors may be hired to do a variety of different jobs on a home or property, from a complete remodel to a cosmetic update. In any situation where a contractor is hired, the property owner is generally dependent on the contractor's knowledge, skill and expertise in complying with all local building codes and in providing a quality finished product. As such, many property owners are concerned about whether a contractor warranty is available against defects of workmanship or service. A homeowner's right to such a warranty is determined both by state law and by whether a warranty is included in the construction or remodeling contract.
State Laws and Contractor Warranties
Many, but not all, states require that license contractors provide a warranty against defects in workmanship. For example, in the state of California, there is a "one year expressed limited warranty" provided in California Civil Code 900. This is a one year implied warranty for both new construction and remodeling projects and property owners who wish to take advantage of this warranty must file a complaint within the one year period of time.
Owners must notify the contractor in writing of any defects, according to California Civil Code section 917, and may then file a legal complaint if the contractor fails to act to make repairs within a reasonable time frame. Legal complaints may be filed in either civil or small claims court, but owners are generally responsible for their own legal fees and costs. Alternatively owners may also make a complaint with the Contractors State License Board who can help to investigate and resolve complaints. The time limit for filing a compliant with the Contractors State License board is the same as the legal warranty deadline.
California law also says that all licensed contractors for all jobs must provide warranties guaranteeing that items installed under their licenses are free from defective installation. This warranty extends for four years after the completion of a job. This means the installation must comply with both local building codes and manufacturer installation requirements. If a product is damaged due to defective installation, the contractor may be held liable for the cost of repairs and damages.
Finally, under California law, both contractors and engineers who sign off on a project must provide a ten-year warranty against structural defects, including latent defects such as unstable building sites, foundation integrity and roofing work.
The above is just an example of the law in one state, California. Laws in other states differ, but many provide similar protections to consumers as California law does through implied warranties and other warranty requirements. To determine what the specific contractor warranty requirements are in your state, it is always best to consult with a qualified construction law attorney in your jurisdiction. In addition, federal laws including the Magnus-Moss Warranty Act provide some protection for property owners, such as protection against defective building materials and goods. Magnus-Moss, however, is limited to "tangible personal property" and does not encompass real property.
Written Warranties From Your Contractor
While state laws and implied warranties may provide some measure of protection depending on where you live, you should always ensure you negotiate a written warranty with your contractor for work performed. This warranty can be part of your construction contract and negotiated along with the other terms of your agreement. The warranty will then be enforced under contract and warranty laws in the state where you live.
It is also important to note that most written and implied warranties do not hold contractors responsible for defects in materials and products that provide their own warranty. For instance, if a refrigerator you purchase has a one-year warranty and there is a defect in the fridge, as opposed to installation, the refrigerator manufacturer will be responsible for the cost of repair and/or replacement and the contractor will have no obligation for the faulty fridge.