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. Elastek is a good company and they make GREAT roof coating products. They’re expensive but in my experience products 120 and 127 are as good as it gets for hot UV intense climates like Tucson. Shown below is a screenshot of the warranty info from their web site. The Snippets in red are enlarged and shown in the second and third picture. Its not necessary but you can also click on the picture below and it will open a new window in your browser at the Elastek warranty page.
The first section in red and from Elastek the material manufacturer, enlarged for you.
My opinion on what this says is: 1) You have to immediately notify them in writing. If its not immediate and you didn’t realize you had a problem until a year or two later a lawyer could argue this was outside the terms. 2) They have to substantiate your claim. 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.
As I mentioned the above statements are my opinions regarding what the Elastek Warranty says. This is included so their lawyer doesn’t call me.
The second section in red, enlarged.
I could break the above down line by line, but it seems to basically say almost everything is excluded, especially cracks caused by movement under the material, and water sitting on the material. 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 its printed on? I don’t believe so. Based on my experience with Dunn Edwards and Elastek if they screw up they act in a reasonable manner to get it taken care of. Each company has given me material one time over the past ten years because of a bad batch of material. 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 wants a warranty, there is perceived value in having one written and 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 duct work, 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 doing the work he called me and said he had a slow leak in the office part of his house. I went and looked for the leak on the roof. I found a small gap on one of the air conditioner ducts which very close to where the leak was coming out in the house, so 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 pin prick 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. It had poked a small hole in the coating – about 15 feet from the leak. I’d never seen this happen before but the water was dripping inside the house 15 feet from the 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.
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. As a courtesy we’ve repainted the wall 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 computers 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 money for escrow or to take care of future property damage, and no other roofers I’m aware of are doing this either. It keeps the final price to the clients lower. The price for the repairing and recoating the roof is for the our work and our material and doesn’t include any insurance for damages.
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 material we use are certified and within ASTM specifications. The Elastek and 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 is 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 repairs from water damage. 15) All mold, pest, bacterial and viral infestations and treatments of said 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 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.
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 patch and coat roofs with liquid rubber and patch parapets with liquid stucco and that’s what we’re trained for.
Its always advisable to have a remediation company test your home or facility for health or moisture concerns. 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 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 clients happy shows in the reviews available at the BBB, Arizona ROC, Google Review on Maps and various other web sites.
I hope this has been educational and informative for you.
Sincerely and Most Respectfully,
Robert Anderson – Principal Owner
Bill Kimbley – Co-Owner
Or call us at
1011 S Eli drive. Tucson AZ. 85710
Bonded and Insured.