Legal Question in Construction Law in Massachusetts
Warranty for contractor
I am a building contractor being asked by the client's attorney to add the following wording to my warranty clause:
(My portion of the clause is:
At the completion of this project, Contractor shall execute an instrument to Owner warranting the project for two years against defects in workmanship or materials utilized. The manufacturers warranty will prevail. No legal action of any kind relating to the project, project performance, or this contract shall be initiated by either party against the other party afetr two years beyond the completion of the project or cessation of work, (the client's attorney asked me to add the following...)''except for negligent work or defective materials which our warranty does not cover or no longer covers.''
To me, that added wording would give my company an endless coverage of liability for any problems, workmansip, or Materials defects. How could I posibly write that in and stay safe from litigation from a product that is defective, etc.? I couldn't possibly endlessly guarantee materials after two years, if the manufacturer doesnt. I use quality standard materials, but you never know what you may get. What should I do? Is there an alternate wordin
''AnThe manufacturers warranty will prevail
1 Answer from Attorneys
Re: Warranty for contractor
You can't disclaim liability for negligence as a matter of law. Contrary to you apparent belief, your present language is unenforceable and meaningless as against negligence claims.
Also, since you are the link in the chain b/w the owner and the material manufacturer (or retailer, distributor, etc.), you would be on the hook to the owner for the defective materials, although you would likely have claims to reimburse you/insulate you from that liability up the chain.
The lawyer is only asking you to add what the law already says.
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