Sample Form Warranty–Texas Construction Law

.
Warrants all Work completed under the
Contract Agreement
between _________________________________
and , dated _______________, for a period of
TWO YEARS from date of substantial completion of the Work.
This warranty is valid only for those named above while they occupy the address below and provided normal cleaning and maintenance procedures are followed, and excludes changes due to wear, tear, normal weathering and defects that result from characteristics common to the materials used. Other limitations apply as indicated on the back of this document. By signing below you declare you have read the reverse side and both understand and accept these limitations.
Any guarantees, warranties, understandings, or representations made by (or expressed by) any employee, subcontractor or supplier not set forth specifically in this document is NOT to be considered an extension of this warranty.
This limited warranty is the only express
Warranty provides.
Job Address: _____________________________________________
Date of Substantial Completion: ____________________
Owner Signature(s): ____________________________Date_________
____________________________Date_________
Rep.: _________________________Date_________
The following basic limitations apply to this warranty:
1.
, warrants to the Owner that all materials and equipment incorporated in the Work will be as specified and that all work was completed in a workpersonlike manner and all materials were installed according to the manufacturer’s specifications, unless otherwise specified.
2.
All workpersonship and warranty concerns and remedies shall conform to the guidelines found in the publication “Residential Construction Performance Guidelines – Homeowners Reference, NAHB, 2000.” This publication is available upon request. If an item is not covered in that publication, standard industry practice shall govern. Except as stated in paragraph 8 below, must be given the opportunity to repair or fix the problem prior to replacement.
3.
If the problem can be repaired so that the item or installation functions as it was originally designed to OR so that the difference in cosmetic appearance is negligible from the original and new appearance, the remedy will be to repair the problem. Complete replacement of the damaged or defective product or work will only be done if the above guidelines cannot be met.
4.
This warranty is personal to the Owner and is valid only while the Owner occupies the property where the work was performed.
5.
All manufacturers’ warranties apply. If an item or part is warranted by the manufacturer for more than two years, the extended warranty will govern. If the manufacturers’ warranty is for less than two years, will warrant the item for the additional time period except for the following items:
a. Any item that is not purchased through Company Name (i.e. appliances.)
b. Any item Company Name recommends against installing, as listed below:
Items not covered beyond the manufacturers’ warranty: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
6.
Other Exclusions:
a)
Any work not specifically specified in the Contract Agreement with
b)
Defects that result from characteristics common to the materials used, such as (but no limited to) warping and deflection of wood; fading, chalking, and checking of paint from exposure to sunlight; cracks that occurred during the drying of concrete, stucco, plaster, bricks and masonry; drying, shrinking and cracking of caulking and weather, stripping.
c)
Damage resulting from ordinary wear and tear, abusive use, or lack of proper maintenance of the work as performed by
7.
must be given fair notice and adequate time to remedy the warranty problem with its employees or qualified subcontractors. will schedule an inspection date not later than ten days after Owner initially notifies of the problem. After inspection of the problem, will schedule the remedy, the time for which may vary considerably depending on the problem. Owner WILL NOT be reimbursed for repairs undertaken without prior written approval from .
8.
If the warranty problem is an emergency (meaning that further damages to the home, it’s contents or occupants may occur without immediate remedy) AND Owner has attempted to contact all means available, Owner may make other arrangements necessary to remedy the problem. Owner must document all work completed (photos are helpful), keep all parts replaced, provide with a written invoice for the work performed, and demonstrate all efforts to contact before resorting to other suppliers or workers. will reimburse Owner for such emergency work to the extent it was reasonably necessary, is reasonably documented and was unavailable to perform the work.

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.