A hidden defect that is there during installation but remains undetected until after the completion of the project is referred to as a latent defect. For example, during a residential roof repair, some mistakes may be skipped and would be later discovered by the homeowner or an inspector. How possible for roofers to avoid the latent defect claim in issues like this?
Steps to About Latent Defect Claims After Residential Roofing Repair
The following steps or tips are different kinds of contract provisions that offer roofers adequate protection as needed. Notwithstanding, it is recommended to check the state and local requirements to know which applies to your state.
1. Owner Acceptance
Terms that clearly state that after the completion and inspection of the work, the owner gladly accepts the work in its condition should be included in the contract. This provision may not be permitted in states that have mandates on some warranties or disallow this kind of waiver liability.
2. Pre-Existing Condition
Roofers’ contracts should also include terms that guide the roofer from pre-existing conditions. In this case, the contractor disclaims every liability for all claims, rights, damages, losses, causes of action, etc., that are related to pre-existing conditions. Even if the claims arise in equity, law, warranty, tort, contract, state, or federal statutory claims, they can all be disclaimed by the roofer. The homeowners would be liable and responsible for any damage connected to pre-existing conditions.
Add a notice provision that requires the homeowner to give you notice of any detected defects with the work you have done. This notice should be given within a certain expiration time. After this period, the right to file any claims connected to such defect would be waived. Make sure your notice is clear and understandable. You may be as well bold or underline this portion of the contract.
4. Limit Recovery to the Express Warranty
Though this is not practiced in every jurisdiction, it is best to add a recovery limitation to the express warranty in the jurisdiction where it is allowed. This act limits the homeowner’s recovery access to the express warranty. You can confirm if this is allowed in your state before leveraging it. If an express warranty is allowed, the roofer is the sole and exclusive remedy for alleged construction defects in the place of all other remedies, whether implied or statutory.
5. Avoid Oral Warranties
A contract is binding between the contractor (roofer) and the client (homeowner). Be watchful against including added contractual warranties in a conversation with the client. If an oral warranty is created, it should be added to the contract. This will hold the roofer liable for the statement.
Many issues exist in the roofing business between contractors and clients. Understanding how to go through these complications will keep your business standing the test of time. Do not get into contracts that you do not understand or that will go against you. Only be sure that each residential roof repair in Dearborn, Michigan, is done with adequate protection and smartness.