National Roofing Legal Resource Center

Contract provision addresses breach of warranty statute of limitations

This month's contract provision is intended to be included in the roofing contractor's standard warranty. Lawsuits for breach of warranty typically are governed by the same statute of limitations as it applies to breaches of contract, which frequently run four or six years from the time the breach was discovered. This provision reduces the time period, requiring a dissatisfied owner to act more quickly when seeking to resolve disputes. It should be noted this clause may not be enforceable in all states. While many states allow for reduced statutes of limitations by contract, provided the time period is reasonable, some do not. If it is not enforceable, a court would simply ignore the clause, enforce the rest of the warranty and apply its standard statute of limitations.

Breach of warranty statute of limitations: No legal action may be commenced to recover on any claim arising out of this warranty or any alleged breach thereof after one (1) year from the date a defect in workmanship or materials arises or occurs.


4/27/2012



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