Masonry Magazine March 2002 Page. 18
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WRITTEN WARRANTY/continued from page 16
Main reasons exist for such a phenomenon, potential future sales and simply doing what is right.
When a written manufacturer's warranty is issued, an impression is left with the members of the construction team. The impression is an expectation that the manufacturer will remedy any failure of their product that occurs within the time specified in the written warranty. The quality manufacturers understand this expectation, and, within reason, remedy such situations. Ironically, certain manufacturers are reluctant to remedy a problem with their product when a written warranty was not issued. Without the issuance of a written warranty, the manufacturer may be in a much weaker legal position in running away from their product failure. Nonetheless, quality manufacturers understand the need to remedy such situations in order to continue to be respected and utilized by the design community.
Additionally, construction professionals control most of the companies manufacturing products for the construction industry. These professionals are people of good conscience and character, who take pride in seeing their products aide the construction industry as a whole. Therefore, so long as the failure cannot be clearly and logically explained on other factors, quality manufacturers will stand behind their products, whether they are legally forced to or not.
CONCLUSION
In the construction industry, while written manufacturers' warranties greatly limit the liability of manufacturers, the design professionals and owners can still derive some benefit from their issuance. However, benefits such as helping to ensure proper installation and following the "spirit of the warranty" will best be realized if early and proper communication exists between that design professional and manufacturer. Design professionals should demand complete information from the manufacturers' representatives before the beginning of each project, including copies of any written warranties called to be issued, a list of skilled applicators in the area with a successful history of installing or applying the product, and a sincere explanation of what would be the response of the manufacturer if the product fails to perform as expected. By asking these questions and working with only quality people representing established manufacturers, design professionals can greatly decrease the uncertainty created by one-sided, written manufacturers' warranties.
Mark R. Nelson is manager of business development for the ChemRex/Degussa line of products, including Sonneborn, Hydrozo, Thoro, ThoRoc, and Master Builder's Protection and Repair Products. Mark is currently the president-elect for the Chicago Chapter of the Construction Specification Institute, and as an attorney, Mark sits on the construction law subcommittee of the Chicago Bar Association.
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