Limited Liability Paint Warranty
Limited Liability Paint Warranty
The reality with virtually all paint warranties is you are relying on the honor of the contractor. Even more so than with roof warranties.
About once a year I get a call from an engineer personality type who wants to know the specifics about my warranty on our painting work. I ask if they have a few minutes because it takes some time to put all the pieces of the warranty puzzle together – with the conclusion being paint warranty paperwork itself from any contractor is almost worthless. I’m not trying to sound negitive here and certainly don’t want to scare you off. Please read the entire page and you’ll see this is information everybody who is getting their house painted needs to know – and its not really negative, just truthful.
Unless there was some sort of giant problem with the application process, the paint will not flake off or crack on its own. If the paint flakes off or cracks on its own within two years you have a case with the Arizona ROC and don’t need the warranty because AZ state law has you covered. Here is a snip from a law firm blog I found.
So a two year warranty is by law on materials and workmanship. However, notice how stucco and drywall are limited to “contractor to come out one time in the first year”. Its known and expected sheetrock and stucco are going to crack.
A) Lets take this a step further. If your house experiences shaking from an earthquake and the sheetrock cracks, do you get to blame the sheetrock guy for the cracks? Nope. The sheetrock could not handle the movement from the earthquake and it failed. Now lets scale this down to a reasonable level. Paint has “bridging properties” which means its designed to float over cracks and to stretch some as the material underneath it experiences microscopic earthquakes (thermal expansion and contraction from the sun). If a crack in stucco or sheetrock – which is under the paint – gets bigger and moves enough it will tear any paint. Its reasonable to say at some point the crack overwhelmed the paint and its not the paints fault it cracked. Now hold that thought for a few minutes.
B) Here’s where it gets interesting regarding your house which was repainted in the past few years. Some cracks have reappeared and you want them fixed. The contractor will inform you the cracks can be caulked and painted over, but the paint on the wall is no longer the original color. Its faded some. ALL paints fade as they age in the sun and oxidize. Putting fresh caulk and fresh paint on the cracks is gong to cause the house to be striped like a zebra. The more time that’s passed between the paint job and the repairs, the greater the difference in color between the new and old paint.
C) Now add “Shadows”. Patch work is not the same as original work. Imagine trying to patch an old pair of jeans and wanting the patch to not show at all. Thick aggressive patches will resist cracks longer, but they also look worse. The thicker and stronger the patch the more it shows. I can patch a one inch wide crack easily. If I put 5 layers of nylon and rubber over it, the crack will takes years and years to return. But the patch will be horribly visible. There is an entire section of this website devoted to stucco patching and shadows. There is always a balancing act between looks and longevity.
Putting the concepts from paragraphs A, B & C above together. All painting contractors I know want the cracks to go away forever and for the houses they work on to look great and not fade for years. For practical purposes the warranties can’t say this. Every painting warranty I’ve seen excludes fading and substrate movement which are the two things happening to all houses, and are the number one cause of paint failure other than terrible workmanship. So in a nutshell if you get terrible workmanship you don’t need a warranty because of state law. If you do get a warranty its going to exclude the things that matter. In the end the warranty paperwork is almost worthless and your relying on the honor of the contractor you hire.
Funny one: Before this information was on my website I once had a guy call me about my warranty. He didn’t believe what I explained to him and then spent the next week calling other contractors and doing research. He also talked with paint representatives at Sherwin Williams and Dunn Edwards and then read the actual paint manufacturers warranties on the paint itself. In the end he called me back and said it was hard to believe but I was right, the warranties were almost worthless. We got the job painting his house and he didn’t ask for a written warranty.
Shown below is a snip of the warranty from Dunn Edwards on their Premium paints.
Here it is enlarged and easier to read.
So now for the actual written Limited Liability Warranty.
AA Brite 24/7 Limited Liability Warranty
What is Covered
AA Brite 24/7 warrants the materials we use will be applied in a professional manner. If the length of the warranty is not shown on the contract, the default warranty period is two years. If the workmanship or material fails, AA Brite 24/7 shall re-apply material to the specific locations necessary to complete the warranty term. The fresh material colors will not match the aged material colors.
Expressed and implied warranties for anything and everything other than AA Brite applied material and workmanship is excluded.
The following losses are specifically excluded:
1) Acts of God, 2) Acts of Vandalism or Terrorism 3) Substrate failure (the material under our material fails) 4) Substrate movement (the material under our material moves and causes cracks or lifting) 5) Loss of work 6) Lost opportunity 7) Loss of use 8) Costs associated repairs from water damage 9)Infestations or outbreaks caused by material or workmanship failure 10) Treatment of all mold, pest, bacterial and viral infestations or outbreaks.
Financial Limit of Liability
AA Brite 24/7 and Client agree the maximum amount of liability shall be the actual paid for price of the job. Again, direct or incidental damages or loss arising from AA Brite’s performance or lack of performance are excluded. I.E. Regardless of circumstances upper financial limit of liability shall be limited to a refund on the price of the job.
Pro Rated Refund
Contractor may at their discretion prorate refund based on day work is completed. Completion date = 100% and warranty expiration date (2, 4 or 6 years) is 100% depreciated.
AA Brite 24/7 Expertise and Inexperience
The work AA Brite 24/7 performs falls within the realm of coatings and paintings. We have extremely limited knowledge of mold, pests, bacterial, viral or biologically related health issues and hold no certification related to such. We also have no structural training and can not advise you regarding the integrity of beams or roof joists. Basically, we work with liquids and coatings and that’s all.
Its always advisable to have a remediation company test your home or facility for health issues. Certified structural engineers can provide an analysis on the condition of the materials under the roof.
AA Brite 24/7 warranties our material and workmanship for two years or the length specified on the contract for up to six years. Our liability is limited to the material and workmanship up to the price of the job and anything other than our material or workmanship is excluded from all expressed or implied warranties.
I’m sorry the Warranty section of my website isn’t cheery or happy to read. Most contractors soft speak around this issue and to my knowledge I’m the only one who addresses is straight on in writing. Ironically over the course of a year this costs me a few jobs, but the refreshingly honest information also gets me a few jobs. Check us out online at the BBB, Arizona ROC, Google Reviews and at other review sites and see what our clients think. Our great work and desire to please our customers shows.
Sincerely and Most Respectfully,
Robert Anderson – Principal Owner
Bill Kimbley – Co-Owner