WARRANTIES
(Manufacturer and Installer)
Warranties can be an HOA's or Apartment Communities worst nightmare if you're not careful. If you don't ask for a copy in advance of signing a contract, and actually READ your proposed warranty, you might get stuck with a whole lot of nothing. There are two basic warranties-a manufacturer's warranty and the contractors warranty. Then to make it complicated, there's the "contractor's labor and material warranty" which the contractor writes himself, covering what they want to warrant and what their terms are. Click here to see copies of manufacturer's warranties we have on file.
Even if the manufacturer has to step up for a
warranty claim, they usually write their warranties to eliminate any financial
obligation other than replacing the materials that failed or limited to the
costs of the material for that particular job. Many even have their warranty
written so at the worst, they just write you a check for the original cost of the materials and
that is the extent of their liability. There is not much of a warranty with that
type of language.
To the right is an example of the language one might find in a Contractors warranty. They are guaranteeing the product for an initial 30 month term, with a full 8 year conditional guarantee available. What this "warranty" is saying is "Pay us every 30 months at our future prevailing rates and we will repair and reseal your decks-with certain exclusions.
Now to the layperson, this warranty might look pretty good; after all 30 months is pretty reasonable and hey, an 8 year warranty-wow! That's great right? But if you want any "warranty" service, you are marrying that installer for 8 years time.
Investigating further though, we find that the manufacturer of Desert Flex has a 36 month warranty on materials. Further inquiry's find that the manufacturer's recommended resealing schedule is up to every 60 months, or twice as long as this schedule is. So is this warranty a rip off or a deal?
With our "Total Cost of Ownership Analyzer", we can help you determine whether this is a good deal or a poor one in side by side comparisons with other bids.
Now in all fairness, manufacturer's aren't able to control jobsites or their installers methods of installing their products, even if that installer is an "authorized factory installer". The installer may sign an agreement with the manufacturer that they will follow the specifications and methods for installing the coating, as designed by the manufacturer, but that doesn't mean they do. So if the installer screws up, it's the installer who is left holding the bag. Very few are the times that a manufacturer actually had a bad batch of material; but it does happen on occasion.
MATERIALS
Insist on having waterproof decking material installed only from a manufacturer with an ICC rated product. Why? Well, would you buy a lamp that didn't have a UL© rating on it would you? UL© approved items give you security in knowing that the product meets strict safety standards.
ICC (International Code Council) is similar to UL © in the same manner; using ICC approved materials means the manufacturer has submitted their product for testing, and the ICC report provides you with the assurance that the product is approved for the intended use.
Materials such as Pli-Dek, Life Deck, Desert Brand, AVM, Enduro Products, Excellent Coatings and others have ICC approval for walking deck surfaces.
Materials such as Tufflex and Westcoat are currently not ICC approved products, even though they are being put down on decks.
Click the link to go directly to ICC's web page with currently approved products for walking decks.
In the event of a construction defect lawsuit, materials without ICC approval, used in lieu of an approved specified product, could leave you open to liability. There's a reason that plans call out for Class A, One Hour fire rated products; namely the 1997 Uniform Building Code. The code is designed to protect the occupants of the dwelling by providing for the use of approved materials suitable for their intended use.
What To Look For in A Warranty
First, you want to look for a warranty that will be issued jointly by the manufacturer and the installer. Do not accept an installers warranty if possible. That means that before your project begins, before signing a contract, you want the manufacturer's sales or technical representative to visit the job site for a review of your job. You want to watch for the typical "weasel clauses" that gets manufacturer's and installers off the hook for their work and materials. You want the sales/tech person to write the specifications for their product to be installed specific to your job. Make sure they address all your issues that need to be fixed or remedied. See my article "Deck Coatings and Their Care" for further hints on warranties. Make sure that the specifications and warranty information goes to your construction manager if you have one. Note, you should have someone who is independent of the contractor and beholden to you acting on your behalf to make sure the work is done right for the warranty.
Before the job is to start, set stopping points (make sure they are in your contract too) for inspections by the manufacturer's representative and get signed, written progress reports on the status of the installation on their letterhead. This way you establish from the start that the product is being installed properly, so there can be no finger-pointing later on that the product wasn't installed properly by the installer. At the end of the job, get a final inspection done, with a sign off letter from the manufacturer. Get a copy of their warranty issued in the name of the entity you are representing. Get the full maintenance instructions again (you should have got a copy before making a decision on whether to use that particular product).
Here is an example of a warranty you would get from Tremco, a manufacturer of urethane decking. After reading this and their care and maintenance guidelines, an HOA might want to think about this coating for their project.
They have some exclusions and have written it so that the framing must be built to a normal design basis, limiting movement. Further limiting their liability, they have inserted language that says they are financially liable only up to the purchase price of the materials or replacement of the materials.
It is critical that you examine the maintenance instructions too when reviewing warranties. In reviewing this manufacturer's maintenance instructions, one finds that MONTHLY inspections are recommended to determine if any areas have physical damage or excessive wear to the coating and semi-annually thorough physical inspections are made
Remember, warranties may be limited in scope if you are doing a remodel of existing decks but are not replacing the flashings. Exclusions are normal and customary, however, question any exclusion and get a satisfactory answer before signing anything. Answers need to be in writing and may need to be appended to the contract and warranty.. However, on a complete job, where the installer is doing the flashing work, sloping the deck to drain, doing 100% of the job, then there should be a 100% warranty.
Here on the left is one of the most onerous warranties we have ever seen in the industry. Poly-Tuff Systems International has written what they call a Mandatory Maintenance Care Procedure that goes along with their warranty program.
Note that as the owner of this coating system, you need to perform inspections monthly; ok many warranties say that too; but here's a catch-you need to have a written inspection log indicating times and dates of inspections and identify the employees who performed the inspection.
But the icing on the cake comes with requirement #2 on their inspections procedures; you have to document with pictures or videotape the 6 items listed AND then provide a copy of those pictures or video to Poly-Tuff within 20 days time!
So if you ever hope to get anything from this manufacturer, it's going to cost you a bundle and you still won't get much out of it. This type of warranty program should send you running away, looking for another manufacturer!
ALWAYS GET LEGAL ADVICE!
Sorry I have to say it, but get legal advice! We are not acting as attorney's, we are only reading the warranty and providing our opinion; proper legal advice is a must! Have an attorney review your warranty, have him review the contract, have him write language that works for you if possible. Many warranties are take it or leave it-but if your job is big enough, you might be able to negotiate on your warranties.
INTERESTING MER-KOTE WEATHER DECK WARRANTY INFO
A while back, in 2004, I made an inquiry to Mer-Kote about their warranty, resealing schedule and required maintenance, acting as if I were a HOA manager. I forwarded the information/reply to a manufacturer I do business with, who had done some inquiries of their own. Read on through, then see our opinion on this.
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