Limited Liability Roof Coating Warranty
Limited Liability Roof Coating Warranty
The reality with virtually all roof warranties is you are relying on the honor of the contractor.
Let me explain, starting with the material manufacturer and their warranty. Tucson Rubberized is a good company and they make GREAT roof coating products. They’re expensive but in my experience, “Tucson Rubberized 7000” is as good as it gets for elastomeric coated roofs in hot UV intense climates like Tucson.
Shown below is a screenshot of the warranty info from their web site.
It’s not necessary but you can also click on the picture below and it will open a new window in your browser at the Tucson Rubberized warranty page.
My opinion on what this says is: 1) You have to document routine maintenance every six to eight months to keep the warranty current. 2) If there is a claim they have to substantiate it. 3) Your only remedy is for them to give you enough product to re-do the affected areas. 4) They are not responsible for labor. 5) The repairs don’t extend the warranty.
The statements above and below are my opinions regarding what the Tucson Rubberized Warranty says. This is included so their lawyer doesn’t call me.
Section E, in my opinion, seems to say almost everything is excluded, especially cracks caused by movement under the material (Unsuitable substrates). Based on my experience a coating applied with an average skill level is only going to fail based on physical movement, failure of the substrate, or ponding. All of which are excluded.
So is the warranty worth the paper it’s printed on? I don’t believe so. Based on my experience with Dunn Edwards and Tucson Rubberized if they screw up they act reasonably to get it taken care of. Each company has given me material one time over the past ten years because something strange happening with the paint or coating. In both situations, we re-did the work for the clients and I ate my labor costs. Then we moved on to the next job.
Written warranties do have some value in the following situation. If the house is being sold and the new homeowners want a warranty, there is perceived value in having a written warranty in hand.
I’m not trying to scare you off but rather to talk about the realities of roofing and what happens when something goes wrong.
Example 1) And still standing in my record books. In 2008 I coated a roof for a client in central Tucson and for the price and the condition of his roof (bad) we agreed on a two-year warranty. The roof was very busy and had a lot of ductwork, a furnace, swamp cooler, old antennas, gas pipes, water pipes, and electrical lines. Each of these things made waterproofing the roof more complicated.
A year (and several storms) after the work was completed the client called and said he had a slow leak in the office part of his house. I went and looked for the leak on the roof and found a small gap on one of the air conditioner ducts which very close to where the leak inside was. I spot patched the small area for free. Nobody knows for sure if a leak is taken care of until it gets rained on again, so I left and we waited for the next storm.
The next rain happened a few days later and there was still a slow leak. I returned and started looking for more areas to spot patch. Nothing obvious but a few teeny tiny “maybes” around more ductwork. It rained the next day, still leaked. Now I was crawling around the ductwork looking for pinprick sized spots and also covering a larger area on the roof. Remember there is A LOT of stuff on the roof. This happened about ten times over the next year and a half as we had thunderstorms. Knowing what was coming I was also calling him each time it rained to check.
The warranty was expired but I kept going back at no charge because I had never found the leak and it was a matter of pride. I finally found a screw from the air conditioner that had been stepped on under one of the ducts about fifteen feet from the leak. The screw had poked a small hole in the coating. I’d never seen this happen before but the water was apparently running along a rafter and dripping inside the house 15 feet from the tiny hole in the roof. Most always – as in 99.9% of the time – the leak is within a foot.
Conclusions: When I told the homeowner about the screw, his wife told me the first leak was right after they had the air conditioner serviced, but they didn’t think to connect the two. Apparently, the AC repair person had dropped one of the panel screws under one of the ducts and then stepped on it. I didn’t charge for the trips or my time even though I morally and legally could have since this leak was created by someone else doing work while on the roof.
Example 2) I’ve had a few of these over the years. We coat and warranty the roof. Sometime in the warranty period, I get a call about a leak. We go find the leak and patch it. There is some water damage to the paint on a wall in the house. If the staining on the ceiling was light or was not bothering the client we left it. Several times there has been more damage to sheetrock – and we’ve patched it at no charge.
Example 3) We coated a very large roof on a house and included a 6-year warranty on it. A couple of years after doing the work I got a call about a leak. Unfortunately for the client the water had dripped into her computer printer and destroyed the electronics.
We found a small pin size hole near a drain/scupper on the roof directly over where the printer was sitting and patched it. We didn’t pay for the printer. I know this sounds harsh. When I quote jobs I’m not including additional money to put in escrow or internal insurance fund to take care of future property damage. No other roofers I’m aware of are doing this either. Not adding to the roof coating prices for possible future damages keeps the final price to the clients lower, but they are also carrying the financial risk for possible damage. In other words, the price for repairing and recoating the roof is for our work and our material and doesn’t include any insurance by me for damages.
So now for the actual written Limited Liability Warranty from AA Brite.
AA Brite 24/7 Limited Liability Warranty
What is Covered
AA Brite 24/7 warrants the materials we use are certified and within ASTM specifications. Our workmanship is warranted for either 2, 4, or 6 years – contract dependent. 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 additional coating as necessary to the roof locations necessary to complete the warranty term.
Expressed and implied warranties for anything and everything other than AA Brite applied material and workmanship are excluded.
The following losses are specifically excluded:
1) Acts of God, 2) Acts of Vandalism or Terrorism 3) Damage from Ponding 4) Substrate failure (the material under our material fails) 5) Substrate movement (the material under our material moves and causes cracks or lifting) 6) Sheetrock damage 7) Ceiling damage 8) Paint damage 9) Mold treatment or remediation 10) Interior damage 11) Loss of work 12) Lost opportunity 13) Loss of use 14) Costs associated with repairs from water damage. 15) All mold, pest, bacterial and viral infestations and treatments of said infestations or outbreaks. 14) Damages for mental anguish, pain and suffering, and counseling expenses, and all similar claims.
Financial Limit of Liability
AA Brite 24/7 and Client agree the maximum amount of liability shall be the actual paid for the 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 if we fail to correctly patch or coat a roof the upper financial limit of liability shall be limited to a refund on the price of the job.
The contractor may at their discretion prorate refund based on the day work is completed. Before or at completion date = up to 100% refund. At end of warranty/expiration date (2, 4 or 6 years) the job is 100% depreciated and no refund will be offered.
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 cannot advise you regarding the integrity of beams or roof joists. Basically, we patch and coat roofs with liquid rubber and patch parapets with liquid stucco and that’s what we’re trained for.
It’s always advisable to have a remediation company test your home or facility for health or moisture concerns. Certified structural engineers can provide an analysis of the condition of the materials under the roof.
AA Brite 24/7 warranties our material and workmanship for two years or the length specified in 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.
Please check us out online and see what our customers say. Our great work and our desire to keep our client’s happy shows in the reviews available at the BBB, Arizona ROC, Google Review on Maps, and various other websites.
I hope this has been educational and informative for you.
Sincerely and Most Respectfully,
Robert Anderson – Principal Owner
Bill Kimbley – Co-Owner