Are implied warranties disclaimable?

State-specific. Most states allow disclaimer of implied warranty of merchantability and fitness for particular purpose IN COMMERCIAL TRANSACTIONS. Implied warranty of habitability for NEW RESIDENTIAL construction is non-disclaimable in most states (Oregon, California, others). UCC implied warranties for building materials are usually disclaimable but disclaimer must be conspicuous. State right-to-repair laws often impose mandatory implied warranties.

What is California SB 800?

The Right to Repair law (California Civil Code §895-945.5) for new residential construction. Imposes specific warranty periods and pre-litigation procedures: builder must be given notice of defects before lawsuit, with detailed inspection and cure opportunity. Bypassing the process can result in case dismissal. Similar laws: Texas RCLA, Florida Chapter 558, others.

Can I get a warranty extended?

Through written modification signed by both parties. Some warranties auto-extend if the contractor performs warranty work (the warranty for the repaired item often gets a new period). Aftermarket extended warranty companies offer post-construction coverage; verify their financial stability before relying on them.

What happens if the contractor goes out of business?

Warranty rights typically expire with the contractor (sole proprietorships, LLCs that dissolve). Surety bonds may continue (state contractor-license bonds typically pay limited amounts, often $5K-$25K). State construction recovery funds may help (California CSLB Recovery Fund pays up to $10K per consumer per contractor). For substantial losses, professional-liability insurance of the contractor at the time of work may have ongoing coverage; consult attorney.

Should warranty work be in writing?

YES. Document each warranty service: date of notice, date of inspection, work performed, parts replaced, post-warranty extension if any. Owner should maintain records as long as the warranty remains active and longer for substantial repairs (statute-of-limitations purposes). Photos and receipts are useful evidence in any later dispute.

Construction Warranty

Limited warranty from contractor to owner covering workmanship, materials, and structural integrity.

Customise

Contractor (warrantor) — name

Contractor address

Contractor license

Owner — name

Project address

Project description

Substantial completion date

Warranty terms (multiple periods)

WORKMANSHIP WARRANTY (2 years from substantial completion):
  - All labor performed by Contractor or its subcontractors.
  - Excludes normal wear and tear, owner-caused damage, and modifications by others.

MATERIALS WARRANTY:
  - Materials supplied by Contractor are warranted by their respective manufacturers per their own warranty terms.
  - Contractor will assist owner in pursuing manufacturer warranty claims for materials supplied through Contractor.

STRUCTURAL WARRANTY (10 years from substantial completion):
  - Permanent structural elements (framing, foundation, structural steel, load-bearing components).
  - Where applicable to the work performed.
  - State-specific structural warranty law (e.g., California 10-year statute) governs.

MECHANICAL SYSTEMS (1 year from substantial completion):
  - Plumbing, electrical, HVAC installations.
  - Excludes manufacturer-warranted equipment beyond their warranty period.

FINISH ITEMS (1 year from substantial completion):
  - Paint, caulking, minor finish adjustments.
  - Excludes color matching for areas affected by manufacturer-supplied component replacement.

Warranty exclusions

Warranty claim process

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LIMITED WARRANTY

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CONTRACTOR / WARRANTOR

Name: Pacific Home Renovations LLC
Address: 880 SE Hawthorne Blvd, Portland, OR 97214
License: OR CCB# 188432

OWNER / WARRANTEE

Name: Jordan Alex Taylor
Project address: 482 Elm Street, Apt 3B, Portland, OR 97214

PROJECT

Description: Kitchen remodel - cabinets, countertops, flooring, electrical, plumbing
Substantial completion: April 30, 2026

WARRANTY TERMS

WORKMANSHIP WARRANTY (2 years from substantial completion):
- All labor performed by Contractor or its subcontractors.
- Excludes normal wear and tear, owner-caused damage, and modifications by others.

MATERIALS WARRANTY:
- Materials supplied by Contractor are warranted by their respective manufacturers per their own warranty terms.
- Contractor will assist owner in pursuing manufacturer warranty claims for materials supplied through Contractor.

STRUCTURAL WARRANTY (10 years from substantial completion):
- Permanent structural elements (framing, foundation, structural steel, load-bearing components).
- Where applicable to the work performed.
- State-specific structural warranty law (e.g., California 10-year statute) governs.

MECHANICAL SYSTEMS (1 year from substantial completion):
- Plumbing, electrical, HVAC installations.
- Excludes manufacturer-warranted equipment beyond their warranty period.

FINISH ITEMS (1 year from substantial completion):
- Paint, caulking, minor finish adjustments.
- Excludes color matching for areas affected by manufacturer-supplied component replacement.

EXCLUSIONS

This warranty does NOT cover:
- Normal wear and tear (paint fading, minor cracks in caulk, etc.).
- Damage caused by owner, their guests, or third parties.
- Damage from natural disasters, acts of God, or environmental conditions beyond reasonable contractor control.
- Owner modifications, additions, or alterations to the work.
- Damage from owner failure to maintain (improper cleaning, lack of routine maintenance).
- Items not part of Contractor's scope of work.
- Manufactured items beyond their respective manufacturer warranty periods.
- Pre-existing conditions not addressed in the original contract scope.

WARRANTY CLAIM PROCESS

Owner must provide written notice of claimed defect within the applicable warranty period:
1. Notify Contractor in writing (email or certified mail) describing the defect, location, and date discovered.
2. Provide reasonable access to the property for Contractor inspection within 14 days.
3. Allow Contractor 30 days from notice to inspect and propose remedy.
4. Allow Contractor reasonable opportunity to perform warranty work; do not engage other contractors for warranty repairs without first giving Contractor opportunity to cure.
5. If dispute remains after Contractor's opportunity to cure, mediation per the original contract's dispute-resolution section.
Failure to provide timely notice or unreasonable access may void the warranty for the specific defect.

REMEDIES

If Contractor determines that a covered defect exists, Contractor will (at Contractor's option):
- REPAIR the defective work, OR
- REPLACE the defective work, OR
- REFUND the portion of the contract price attributable to the defective work.

LIMITATIONS

This warranty is the EXCLUSIVE warranty given by Contractor for the work. Contractor disclaims all implied warranties to the extent permitted by law, except those that cannot be lawfully disclaimed (e.g., implied warranty of habitability for new residential construction in some states).

Contractor's total liability under this warranty is limited to the original contract price. Contractor is NOT liable for consequential, incidental, or punitive damages arising from defects in work.

EXECUTION

_______________________________ Date: ____________________
Pacific Home Renovations LLC (Warrantor)

_______________________________ Date: ____________________
Jordan Alex Taylor (Acknowledgement of warranty receipt)

About this template

A construction warranty is the contractor's commitment to fix defects in work or materials that appear within specified periods after substantial completion. Common warranty periods: (1) Workmanship - 1-2 years for general labor; (2) Mechanical systems - 1 year (electrical, plumbing, HVAC installations); (3) Structural - 10 years in many states (foundation, framing, load-bearing); (4) Finish items - 1 year (paint, caulking). State law often imposes implied warranties beyond contractor's express warranty. California Civil Code §895-945.5 (the SB 800 / "Right to Repair" law) imposes specific warranty periods on residential construction: 4 years for plumbing, 5 years for paint, 10 years for structural - and detailed pre-litigation procedures. Oregon ORS 12.135 imposes 10-year statute on construction-defect claims. Most state laws make implied warranty of habitability non-disclaimable on new residential construction. The express warranty supplements implied warranties; it cannot reduce protections imposed by state law. Common warranty exclusions: normal wear and tear, owner modifications, natural disasters, lack of maintenance, manufacturer-warranted items beyond their periods. The warranty claim process is critical: owner must notify within warranty period; contractor must have opportunity to inspect and cure before owner engages other contractors; failure to follow process can void specific defect claims. State right-to-repair laws (California SB 800, Texas RCLA, Florida Chapter 558, others) impose specific pre-litigation procedures - typically 60-90 days notice and contractor opportunity to cure before owner can file suit. Failure to follow these procedures can result in dismissal of construction-defect claims. For complex projects or warranties, consult a construction attorney - many state laws are technical with specific timing requirements.

When to use it

Standard contractor warranty issued at project completion.
Custom-warranty term negotiation.
Documenting state-required warranty (e.g., California SB 800 compliance).
Project closeout package documentation.
Sale of new construction (warranty transfers to subsequent owners in some states).

What to include

Contractor (warrantor) and owner identification.
Project description.
Substantial completion date (warranty start).
Multiple warranty periods (workmanship, mechanical, structural, finish).
Specific exclusions.
Warranty claim process.
Remedies available.
Limitations of liability.

Frequently asked

Industry standard: 2 years on workmanship; 1 year on mechanical/finish; 10 years on structural. State law often imposes minimums (California SB 800 has specific periods 1-10 years; Oregon 10-year statute on defect claims; Florida 4-10 years on building-code violations). Negotiated warranties can extend beyond statutory minimums. Excessive warranty terms (e.g., lifetime workmanship) are often unenforceable as unconscionable.

⚠ Legal disclaimer. State right-to-repair and construction-warranty laws are complex. California SB 800, Texas RCLA, Florida Chapter 558, Oregon ORS 12.135, and others impose specific procedures that bypassing can result in case dismissal. Implied warranties of habitability for new residential construction are non-disclaimable in most states. For complex projects, consult a construction attorney for state-specific compliance.