Get it in writing … or else! Proving the value of missing warranties can prove difficult
Abstract: Warranties are common and advisable arrangements for general contractors on construction projects. But one common issue at the conclusion of a project is failure of subcontractors to supply written warranties for their portions of the work. And, unless the general contractor buys the missing warranty from another supplier or trade contractor, it might be difficult to prove how much the missing warranty is worth. This case shows that the general contractor may not be able to recover any damages at all for failure of the trade contractor to supply the missing warranty. A sidebar looks at another issue in this case: apportionment of damages.