In my last blog I discussed warranty service expectations, inspections, and procedures. In this blog I will discuss what happens if you disagree with your dealer or GC about whether something in your home is defective, damaged, or poorly installed.
Building Codes and Warranty Service
When a warranty service problem involves a building-code violation, the burden will usually be on the manufacturer, dealer, or GC to correct the problem. Installing the wrong type of smoke detector is something the dealer, through his manufacturer, must correct. Using undersized framing for your site-built garage or deck is the kind of mistake the GC must correct. The dealer is not, however, automatically responsible for meeting specifications that exceed the state building code. For example, if your local building inspector insists that an air-infiltration barrier must be installed under your siding, but this is not the required by the state building code, your dealer would be accountable only if he had accepted responsibility for verifying whether any special codes were being enforced in your community. If you agreed to assume this responsibility but failed to obtain the correct information, than you would be responsible for the additional material and labor, including, in this case, the cost for removing and reinstalling whatever siding was already installed by the manufacturer.
Contractor Scope of Work and Warranty Service
The GC is not responsible when the scope of work for a task was not included in his original contract with you. For example, the fact that you need a set of stairs from the door to the backyard does not obligate the GC to provide them if you excluded them so you could build a deck in the future. Nor is the GC responsible for providing clean backfill to place around the foundation if the building inspector declares that the soil that was removed from the cellar hole cannot be used as backfill. If the GC uses the fill before the building inspector instructs him not to, the GC will be responsible for removing it, since he is obligated to know the building code. You will still be responsible, however, for paying for the replacement fill as well as for removing the rejected fill, if it needs to be taken from your site, since you needed this to be done regardless of the GC’s mistake.
Quality Guidelines for Warranty Service
Cosmetic issues are often sources of warranty service disagreements. A customer should receive the degree of finish they selected and paid for, but this is often different from what they may have seen in a model home. One way to handle disputes of this kind is to have your contract include a set of quality guidelines for materials and workmanship that can be used to help settle differences. Keep in mind, however, that guidelines and standards spell out the minimum acceptable workmanship and product performance. Your personal standards will likely exceed these standards in some areas.
Warranty Service and What Is “Good Enough”?
One perspective taken by guidelines for materials and workmanship is that it is neither realistic nor fair to expect a modular dealer or general contractor to remove blemishes that are not readily visible or noticeable, and can only be seen in unusual light or from very close range. Finished drywall, especially, will almost always show minor blemishes in the right light and from the right angle. For a customer to insist that such small items be addressed under warranty is to create a potentially antagonistic relationship. The customer wants their dealer and GC to take seriously those things that are most important to them. They do not want to create an atmosphere in which the dealer or GC feels compelled to deny assistance by appealing to some technicality in a set of guidelines that relieves them of responsibility. In other words, if the customer can exercise some flexibility over defining what’s “good enough,” they should expect the dealer and GC to adopt a similar attitude. You could ask your dealer to replace a pine bifold closet door with a small dent on the inside, which can only be seen when the closet is open. If you do so, however, do not be surprised if he tries to hide behind a technicality for some other item that’s important to you.