Warranties in Construction Contracts

Summary

Construction projects involve multiple parties: the general contractor, subcontractors, equipment and material manufacturers, and the architect. The construction contract that governs the project will include express warranties made by the parties. In addition, the parties may give certain implied warranties that are not written into the construction contract but that exist by operation of law, unless clearly excluded and waived. This practice note discusses the standard warranties made by the parties noted above and addresses topics including the scope, duration, notice requirements, and warranty remedies.