Contractors Guarantee (sample)
Whereas, HORNING ROOFING & SHEET METAL COMPANY, LLC, of 2340 Enterprise Park Place, Indianapolis, Indiana 46218, herein called “the Contractor”, has completed application of the following roof:
OWNER:
ADDRESS:
PROJECT NAME:
PROJECT ADDRESS:
AREA OF ROOF:
DATE OF COMPLETION:
DATE GUARANTEE EXPIRES:
WHERAS, at the inception of such work the Contractor agreed to guarantee the aforesaid roof against faulty materials or workmanship for a limited period and subject to the condition herein set forth.
NOW, THEREFORE, the contractor hereby GUARANTEES, subject to the conditions herein set forth, that during a period of TWO (2) years from the date of completion of said roof, it will, at the owner’s request, make an annual inspection of the roof between March 1st and September 30th of each year and submit a roof inspection report to the Owner; and, make or cause to be made such repairs to said roof resulting solely from faults or defects in material or workmanship applied by or through the Contractor as may be necessary to maintain said roof.
This guarantee is made subject to the following conditions:
- Specifically excluded from this guarantee is any and all damage caused by the following: lightning, windstorm, hailstorm, or other phenomena of the elements; also improper drainage, foundation or wall settlement or cracking; failure or cracking of the roof deck; defects or failure of material used as roof base over which the roof is applied; construction of parapet walls, copings, chimneys, skylights, vents, supports, or other parts of the building, vapor condensation beneath the roof; or fire. If the roof is damaged by reason of any of the foregoing this guarantee shall thereupon become null and void for the balance of the guarantee period unless such damage is repaired by this Contractor at the expense of the party requesting such repairs.
- No work shall be done on said roof, including, but without limitations to, openings made for flues, vents, roof drains, sign braces or other equipment fastened to or set on the roof, unless the Contractor shall be first notified and shall make, at the expense of the Owner, the necessary roofing application thereto. Failure to observe this condition shall render this guarantee null and void.
- The contractor is not responsible for roof leaks at eaves or other points within the roof where roof felts have been broken and said roof break is traceable to expansion or contraction of sheet metal. This condition is only applicable to roofing systems that have felts as part of the roofing system composition. If the roofing system is constructed of metal, the contractor will not be held responsible for any or all damage sustained to the building and/or its contents due to expansion and contraction of the roofing sheet metal against fixed and/or pre-existing structures that are included as part of the building as structural members or decorative fixtures.
- This guarantee shall not be done or become effective unless the Contractor has been paid in full for all his work.
- The undersigned agrees to bear the expenses of its own examination and repair of any leaks due to improper application, as specified above, and the Owner is to bear such expense if resulting from other cause or causes. In such later event, Owner agrees to make payment of appropriate charge within thirty (30) days after billing, failing which the guarantee shall be null and void.
- This guarantee runs in favor of Owner only and is not transferable without prior written authorization from the Contractor. Exclude from the guarantee any damage to the building or its contents.
- The Owner shall promptly notify Roofing Contractor of observed, known or expected leaks, defects or deterioration and shall afford reasonable opportunity for Roofing Contractor to inspect work, and to examine evidence of leaks, defects or deterioration.
- The Contractors obligation shall expire at the end of the stated warranty period.
OWNER: