We are a Florida Contractor Licensing company, and although our main focus is helping people get their Florida contractor’s license, we also share information with our clients and the contracting company. The information we share is crucial for people to know to succeed in a career in contracting. For this post, we wanted to share information on warrant claim.
Florida’s Condonminimu Act says that contractors and suppliers must provide a warrant of fitness and merchantability as work and materials provided for condominium developments. The law/act requires the right words be used to describe a claim in order for the claim to be enforced.
Here is an example: An association’s boat storage building had work done on a roof that failed. The association called the roofer, who came out to repair the roof, but he realized the problem wasn’t with the work he did, but the actual materials. At this point, the association made a call to the manufacturer of the materials, but the company would not take responsibility for the leaks that were occurring in the roof. The association decided to file a suit against the manufacturer based on the product’s warranty. The association said they were entitled for the roof to be repaired based on the guaranty given to the roofer by the manufacturer. This did not hold up in court. The court needed to say that the manufacture “furnished, sold and/or delivered materials to the project.” If they used the correct wording, the association would have been able to go after the manufacturer.
As you can see from this example, wording is important.
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