Contracts

What is a warranty period in construction?

The warranty period is the stretch of time after a job is complete (often one year) during which the contractor must come back and correct work that turns out to be defective, at its own cost.

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A construction warranty period is the contractor's promise to fix what fails after the owner takes over. During that window, if a roof leaks, a door will not latch, or a drain backs up because of how it was installed, the contractor returns and makes it right. The contract sets the length, the start date, and what counts as a covered defect.

It is different from manufacturer warranties on equipment and materials, which can run much longer and are usually passed through to the owner at closeout.

When it starts and how long it runs

Many contracts start the warranty at substantial completion. Federal construction contracts are specific. The Warranty of Construction clause at FAR 52.246-21 runs for 1 year from the date of final acceptance of the work. If the government takes possession of part of the work earlier, the period for that part runs 1 year from the date it took possession. Work that is repaired or replaced under the warranty gets a new 1-year period from the date of the repair. The government must notify the contractor in writing within a reasonable time after discovering a defect, and if the contractor does not fix it within a reasonable time, the government can fix it and charge the contractor.

Private contracts vary. Some use a one-year correction period, some longer for specific systems such as roofing, and some residential work is subject to state warranty statutes. Read the contract and check your state's rules.

A worked example

Say a GC finishes a $2.1 million church addition, with substantial completion on September 15 and a one-year correction period. In February, the owner reports water at a window head. The GC sends the window sub, who finds a missing piece of flashing, repairs it, and logs the fix. In August, the HVAC controls start cycling erratically. The mechanical sub traces it to a faulty sensor, which the manufacturer replaces under its own warranty while the sub covers the labor.

On September 20, the owner reports a cracked floor tile. The GC's warranty period has ended, but the contract also says the correction period does not limit the owner's other legal remedies. The GC looks at the cause: if the crack traces to a missing expansion joint, the owner may still have a claim, so the GC decides to fix it as goodwill and document it.

Common disputes

  1. Defect or wear and tear? Owner maintenance failures (unchanged filters, clogged drains) are usually not covered.
  2. Start date fights. Was it substantial completion, final completion, or occupancy? Write the date down on the certificate.
  3. Subcontractor warranties that do not match. If the GC owes one year from project completion but the sub's warranty started when its scope finished, there is a gap.
  4. Assuming the period is the only exposure. Statutes of limitation for defects often run longer than the warranty period.
  5. Slow response. Many contracts require a response within a set time. Missing it can let the owner hire someone else and back-charge you.

Related terms

See collateral warranty, maintenance bond, O&M manuals, and defective work. For callback handling, read how to manage warranty callbacks and residential construction warranty basics. Smart Business Automator keeps warranty dates, documents, and callback history on the closed job record; see construction workflow automation.

Frequently asked questions

How long is a typical construction warranty period?

One year is common in commercial contracts, and the federal Warranty of Construction clause uses 1 year from final acceptance. Specific systems like roofs often carry longer warranties, and residential work may be covered by state law.

Does the warranty period start at substantial completion?

Often, but not always. Federal contracts using FAR 52.246-21 start it at final acceptance, or at possession for parts taken over early. Check your contract.

Does repaired work get a new warranty?

Under the federal clause, yes: repaired or replaced work gets 1 year from the repair date. Private contracts may or may not say the same.

Can an owner sue after the warranty period ends?

Possibly. The warranty period is a correction obligation, and many contracts state it does not limit other legal remedies. Statutes of limitation and repose vary by state.

Sources

  1. Acquisition.gov: FAR 52.246-21, Warranty of Construction
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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