Has anyone else started to encounter this? Masterspec’s technical sections appear to be weak on tying warranties to performance requirements, so we are concerned this may be new feeding ground the industry is turning toward. Scenario:
A supplier argues that the warranty paragraphs in the roof membrane specification section only indicate a 20 year warranty period and failures to be covered, so they think the wind speed of the warranty (submitted with 55 mph limit) does not have to be the same as the wind speed indicated for the system (133 mph – however they are at least providing a system that is tested to meet the uplift rating indicated).
When does a “warranty” cross an invisible line and become no longer a warranty, and instead become a disclaimer that only takes away the rights the Owner would have with no warranty at all?! I think this one is crossing that line even more than the usual ridiculous disclaimers in the fine print. Couldn’t a 55 mph storm could easily be documented just about anywhere on the map? Future leaks might be attributed to that storm, thereby making the warranty of no effect. Is this simply a way they can say that leaks are no longer covered? Nice that it says “Warranty” in fancy letters at the top though!
They appear to be claiming that any warranty will do. If that were true, someone could write “Warranty” on a napkin and submit it!
Of course we have rejected the submittal already on the basis of inadequate warranty, but I’m getting prepared to refute the likely follow-up C/O they might say is needed to upgrade to the right warranty and provide “system enhancements”.
Masterspec’s 016000 Product Requirements section helps us out some with this, but I am looking for something that also puts the manufacturer on the hook. It sounds here like it is just the Contractor: “Manufacturer’s disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents”. Several paragraphs go on to say more about special warranties and modification of forms.
Breaking this down, we could ask: Is the wind speed a requirement of the Contract Documents? Yes it is. The structural drawings give that information on Sheet S100. Therefore, it appears that the Contractor must provide a system and a modified warranty that fully meets the spec. If they do not, I suppose the Contractor, not the manufacturer, would have the liability on themselves if there is any failure in that roof for the next 20 years.
This is the only time I recall starting to prefer SpecsIntact/UFGS’s language. All of Masterspec’s 7 paragraphs seem to be summed up in one sentence: “Revision or amendment to standard full system membrane manufacturer warranty shall be provided as required to comply with the specified requirements.” If only they’d stop being so “shall-ow” (shall be this, shall be that), which is also dangerous because it does not say who shall. I guess even there we would still be in the same dilemma. Reading some other threads, and knowing how the real world works, I recognize there is normally not much attention given to warranties until closeout.
Just hoping to find clear grounds to ward off a C/O for this.