What Your Contractor’s Warranty Does Not Cover
- Gabriel Mikael
- 2 days ago
- 15 min read
A construction warranty provides important protection after your house is completed and turned over.
However, it does not mean the contractor must repair every crack, leak, damaged fixture, clogged drain, broken appliance, or maintenance concern that appears after you move in.
Every warranty has limits.
Some problems may be caused by defective workmanship. Others may result from normal use, poor maintenance, owner modifications, third-party work, extreme weather, manufacturer defects, or conditions that were never included in the contractor’s scope.
Before signing a construction contract or accepting your completed house, understand three things:
What the contractor’s warranty covers
What the warranty excludes
What the homeowner must do to preserve coverage
The exact coverage depends on the signed contract, plans, specifications, approved variations, turnover documents, product warranties, and applicable law.
What Is a Contractor’s Warranty?
A contractor’s warranty is a written commitment to correct qualifying defects in materials or workmanship within a stated period.
Depending on the contract, it may cover work such as:
Roofing installation
Waterproofing
Plumbing connections
Electrical installation
Doors and windows
Floor and wall tiles
Painting
Ceiling work
Cabinets
Concrete and masonry finishes
Drainage installed by the contractor
Other work specifically included in the construction scope
A warranty is not the same as:
A permanent maintenance service
Property insurance
Appliance insurance
A guarantee against all natural events
A promise that nothing will ever require repair
Coverage for every material selected or supplied by the owner
The construction contract should clearly identify the warranty period, covered work, exclusions, reporting procedure, response time, and repair responsibilities.
How Long Is a Construction Warranty?
There is no single warranty period that should be assumed for every private residential project.
The signed contract is critical.
The revised CIAP Document 102 provides a one-year guarantee for materials and workmanship unless the specifications require a longer period. It also provides that known defects should be corrected at the contractor’s expense, except for ordinary wear and tear or defects attributable to the owner. These provisions apply when the parties use or incorporate the relevant conditions into their agreement.
The Supreme Court has upheld a one-year defects-liability period in a construction contract, emphasizing that valid contractual terms generally bind the parties and should be performed in good faith. The ruling also recognized that contractors cannot reasonably be expected to provide a perpetual guarantee for every future imperfection.
This is why homeowners must never rely only on statements such as:
“We provide a warranty.”
“We will take care of everything.”
“Just contact us when there is a problem.”
“Our workmanship is guaranteed.”
Ask for the complete warranty terms in writing.
What Your Contractor’s Warranty Commonly Does Not Cover
The following are typical exclusions. Their exact application depends on the contract and the cause of the damage.
1. Normal Wear and Tear
Homes naturally experience wear from regular use.
Examples may include:
Faded interior paint
Minor surface scratches
Worn door handles
Loose cabinet handles after repeated use
Worn sealant
Discolored grout
Scratched floors
Worn hinges
Weathered exterior coatings
Normal aging of fixtures
A workmanship warranty is intended to address defective installation—not the normal deterioration of materials through time and use.
Example
A cabinet hinge that becomes loose shortly after turnover because it was improperly installed may qualify for correction.
A hinge that wears out after years of heavy daily use may be considered normal wear and tear.
The age, product quality, frequency of use, and cause of failure must be evaluated.
2. Damage Caused by Poor Maintenance
Homeowners are expected to perform reasonable maintenance.
A warranty may exclude damage caused or worsened by failure to:
Clean gutters
Remove leaves from drains
Clear catch basins
Maintain pumps
Reapply sealants
Clean air-conditioning drainage
Inspect roof penetrations
Repair broken fixtures promptly
Control termite or pest activity
Maintain exterior paint
Desludge the septic tank
Keep weep holes clear
Clean water tanks
Replace worn consumable parts
Example
A roof leak caused by incorrectly installed flashing may be a workmanship concern.
A gutter overflowing because it has not been cleaned for several months may be a maintenance concern.
However, the contractor should not automatically blame maintenance without inspecting the actual source of the problem.
3. Owner Misuse or Improper Use
Damage caused by using a component beyond its intended purpose is commonly excluded.
Examples include:
Hanging excessive weight from a ceiling
Overloading shelves
Standing on a countertop
Slamming doors
Forcing stuck windows
Using harsh chemicals on sensitive finishes
Drilling into concealed pipes
Parking an oversized vehicle on pavement not designed for it
Installing heavy equipment without structural review
Blocking ventilation openings
Disposing of grease or construction debris into drains
Example
A cabinet shelf that fails under ordinary household use may indicate inadequate support.
A shelf damaged after being loaded with exceptionally heavy equipment may fall outside normal warranty coverage.
The contractor should review whether the original installation was suitable for its stated purpose.
4. Unauthorized Alterations or Repairs
The contractor may exclude damage caused by work completed by:
Another contractor
A handyman
The homeowner
An appliance installer
An air-conditioning installer
An internet provider
A security-system installer
A solar contractor
A cabinet supplier
A landscaping contractor
Unauthorized work may affect the original system.
Examples include:
Cutting roof sheets for new equipment
Drilling through waterproofed slabs
Relocating plumbing pipes
Adding electrical loads
Removing structural walls
Cutting beams
Installing cabinets over access panels
Blocking drainage lines
Modifying windows
Changing the driveway elevation
Example
A roof leak appearing after a third party installs solar panels may not be the original contractor’s responsibility.
However, an unrelated modification should not automatically cancel the warranty for the entire house. The exclusion should be limited to the affected work and resulting damage.
5. Owner-Supplied Materials
Some homeowners purchase their own:
Tiles
Lighting fixtures
Faucets
Toilets
Sinks
Doors
Locks
Cabinets
Appliances
Water heaters
Roofing
Paint
Windows
When materials are supplied by the owner, the contractor may warrant only the installation—not the product itself.
Possible Responsibility Breakdown
Contractor May Be Responsible For:
Incorrect installation
Poor alignment
Improper connection
Damage caused during installation
Failure to follow the product’s installation requirements
Owner or Manufacturer May Be Responsible For:
Factory defects
Missing parts
Product failure
Incorrect product selection
Insufficient product capacity
Expired or limited manufacturer warranty
The contract should explain who carries the risk when an owner-supplied product is unsuitable.
The contractor should also inform the owner in writing when a selected material is defective, incompatible, or inappropriate before installation.
6. Manufacturer Defects
Construction warranties and manufacturer warranties are different.
A contractor may install an item correctly, but the product itself may later fail.
Examples include:
Defective water heater
Faulty circuit breaker
Broken faucet cartridge
Pump motor failure
Lighting-driver failure
Door-lock malfunction
Toilet mechanism failure
Cracked appliance component
Factory-defective window hardware
The claim may need to be filed with the:
Manufacturer
Distributor
Supplier
Authorized service center
Keep These Documents
Homeowners should receive and preserve:
Official receipts
Product warranties
Model numbers
Serial numbers
Installation records
Supplier details
Service-center information
The contractor may assist with the claim, but the manufacturer’s terms may control product replacement.
7. Appliances and Movable Equipment
Unless expressly included, a contractor’s workmanship warranty may not cover movable or separately purchased items such as:
Refrigerator
Television
Washing machine
Dryer
Microwave oven
Freestanding range
Air-conditioning unit
Water dispenser
Furniture
Generator
Portable pump
CCTV equipment
Internet devices
The contractor may still be responsible for the electrical, plumbing, drainage, or structural provisions installed for these items.
Example
A defective washing machine motor is usually an appliance-warranty issue.
A leak caused by an incorrectly installed washing-machine drain connection may be a construction-workmanship issue.
8. Damage Caused by Third Parties
A contractor is not normally responsible for damage caused by people or companies outside its control.
Possible third parties include:
Utility providers
Internet installers
Movers
Delivery personnel
Tenants
Neighbors
Landscapers
Pest-control providers
Maintenance workers
Separate contractors
Examples include:
Movers scratching floors
Utility personnel damaging walls
A separate contractor breaking tiles
Landscapers cutting drainage pipes
Internet installers drilling through waterproofing
Tenants damaging doors
Heavy vehicles cracking the driveway
The party that caused the damage should be properly identified.
9. Extreme Weather, Natural Events and External Hazards
Warranties commonly exclude damage caused solely by events outside the contractor’s control, such as:
Earthquakes
Typhoons
Flooding beyond the project’s design conditions
Landslides
Falling trees
Lightning
Fire from an external source
Soil movement caused by outside excavation
Road collapse
Neighboring construction
Acts of government
Other force-majeure events
However, the presence of a natural event does not automatically remove contractor responsibility.
The contractor may still be accountable when defective workmanship, inferior materials, or failure to follow the plans contributed to the damage.
For serious structural failure, Article 1723 of the Civil Code provides potential liability where a building collapses within 15 years because of defects in the plans, ground, construction, inferior materials supplied by the contractor, or violation of the contract. Acceptance after completion does not automatically waive claims covered by that provision.
10. Flooding or Runoff From Outside the Contractor’s Scope
A standard house warranty may exclude flooding caused by:
Public-road runoff
Blocked subdivision drains
Neighboring properties
River overflow
Public drainage failure
Unauthorized changes to nearby land
Road elevation increases
Drainage works that were excluded from the contract
However, the contractor may still have responsibility when:
The contracted drainage system was installed incorrectly
The finished-floor elevation did not follow the approved plans
The driveway was constructed with the wrong slope
Drainage pipes were undersized contrary to specifications
Catch basins were omitted from the agreed scope
Construction debris blocked the drains
Downspouts were not connected as designed
The source of the water and the contracted responsibilities must be established.
11. Pest and Termite Damage
Termite, rodent, insect, bird, or animal damage may be excluded unless pest protection was specifically included.
Possible exclusions include:
Termite infestation
Rats damaging wires
Birds entering roof spaces
Insects damaging wood
Animals blocking drainage
Mold caused by animal waste
When anti-termite treatment is included, check:
Treatment method
Areas treated
Product used
Treatment date
Applicator
Warranty period
Required inspections
Conditions that may invalidate coverage
Termite-treatment warranties may come from the pest-control provider rather than the main contractor.
12. Mold, Condensation and Poor Indoor Ventilation
Mold can result from different causes.
Possible construction-related causes include:
Roof leaks
Plumbing leaks
Failed waterproofing
Water entering through windows
Damp exterior walls
Improperly installed drainage
Possible occupancy or maintenance causes include:
Keeping rooms permanently closed
Blocking ventilation
Drying wet clothes indoors
Failing to use exhaust systems
Allowing plumbing leaks to remain
Inadequate air-conditioning maintenance
Excessive indoor humidity
The source of the moisture must be identified before determining warranty responsibility.
Painting over mold without correcting the moisture source will not solve the problem.
13. Utility-Provider Interruptions or Failures
The contractor may not control:
Low public water pressure
Water interruptions
Voltage fluctuations from the utility
Electrical outages
Internet interruptions
Public sewer backup
Utility-meter delays
External line failures
The contractor may still be responsible for internal work such as:
Incorrect wire sizes
Poor electrical connections
Improper service installation
Internal plumbing leaks
Incorrect pump setup
Defective internal drainage
Do not assume every water-pressure or electrical problem originates inside the house.
The external supply and internal installation should both be checked.
14. Pre-Existing Conditions Outside the Scope
Renovation warranties commonly exclude defects in parts of the property that the contractor did not construct or alter.
Examples include:
Existing roof
Old plumbing
Existing electrical wiring
Pre-existing cracks
Old foundation
Existing septic tank
Old waterproofing
Existing windows
Existing retaining walls
Hidden termite damage
Previous unauthorized work
Example
A contractor hired only to renovate the kitchen may not be responsible for a leak from an old second-floor bathroom.
However, the contractor should remain responsible for damage caused to existing work through its own operations.
Pre-existing defects should be documented before construction through:
Photos
Videos
Inspection reports
Written exclusions
Condition surveys
15. Work Specifically Excluded From the Contract
A contractor cannot reasonably warrant work it did not perform.
Common exclusions may include:
Fence and gate
Landscaping
Retaining walls
Utility applications
Water tank
Pump
Septic tank
Drainage outside the house
Kitchen cabinets
Built-in wardrobes
Air-conditioning
Solar installation
CCTV
Appliances
Road connection
Existing structures
This is why the scope and exclusion list must be reviewed before signing.
A homeowner should not assume that “complete house” includes every item needed for occupancy.
16. Owner-Requested Design Changes
The warranty may exclude problems caused by owner-directed changes made against professional advice.
Examples include:
Removing a required drain
Reducing roof overhangs
Changing specified waterproofing
Installing heavier materials
Relocating plumbing without design review
Removing ventilation
Reducing foundation work
Changing electrical loads
Adding a roof deck
Raising exterior ground levels
Blocking weep holes
The contractor should document:
The requested change
Technical concern
Recommended solution
Owner’s written instruction
Cost and timeline effects
Warranty implications
A contractor should not use a general waiver to escape responsibility for unrelated work.
17. Cosmetic Differences and Natural Material Variations
Some materials naturally vary in:
Color
Grain
Texture
Pattern
Shade
Surface markings
Examples include:
Natural stone
Wood
Tiles from different batches
Concrete finishes
Handmade products
Granite
Marble
Minor variation may not be considered a defect when it falls within the product’s natural characteristics or accepted tolerance.
However, the following may still require correction:
Obviously mismatched batches
Incorrect product installation
Excessive lippage
Chipped materials
Stains caused during construction
Unapproved substitutions
Poor alignment
Defective finishing
Material samples and mockups should be approved before full installation when appearance is important.
18. Defects Reported After the Warranty Period
A valid contract may require defects to be reported within a defined period.
Failure to report on time can affect the owner’s contractual warranty claim.
CIAP Document 102 distinguishes between known defects identified through punch listing and hidden defects discovered during the applicable warranty period. It also emphasizes timely and specific notice to the contractor.
The Civil Code similarly provides that acceptance generally relieves the contractor from defects unless the defect is hidden or the owner expressly reserves rights regarding the defective work.
Homeowners should therefore report concerns as soon as they are discovered.
Do not wait until the final week of the warranty period to submit months of accumulated defects.
What the Contractor May Still Be Required to Correct
Subject to the contract, a contractor may remain responsible for:
Work that does not follow the approved plans
Incorrect material installation
Inferior materials supplied by the contractor
Leaking contractor-installed plumbing
Defective contractor-installed wiring
Failed waterproofing caused by poor application
Roof leaks caused by defective installation
Loose tiles caused by insufficient adhesive
Misaligned doors and windows
Cabinet failure caused by poor support
Drainage installed contrary to plans
Work damaged by the contractor’s subcontractors
Concealed defects reported within the applicable period
Under CIAP Document 102, a contractor is responsible for acts and omissions of its subcontractors as it is for personnel directly employed by it.
The main contractor should not automatically reject a valid claim simply by stating:
“That was done by our subcontractor.”
“The plumber is no longer with us.”
“The cabinet installer was a separate team.”
“Our electrician handled that.”
The contract should identify who is responsible to the owner.
Excluded Damage vs. Covered Defect
Concern | May Be Covered | May Be Excluded |
Roof leak | Defective flashing or installation | Third-party roof modification |
Clogged gutter | Construction debris left inside | Owner failed to clean leaves |
Wall crack | Poor workmanship or movement requiring correction | Minor stable cosmetic shrinkage within accepted tolerance |
Plumbing leak | Defective contractor-installed joint | Owner drilled into a pipe |
Broken faucet | Installation damage | Manufacturer defect or misuse |
Hollow tile | Inadequate adhesive coverage | Heavy impact after turnover |
Cabinet swelling | Plumbing leak or unsealed installation | Repeated owner-caused water exposure |
Breaker tripping | Incorrect wiring or circuit design | Defective owner appliance |
Driveway crack | Poor compaction or inadequate construction | Overloading beyond intended use |
Mold | Construction-related water intrusion | Poor ventilation and lack of maintenance |
Flooding | Incorrect contracted grading or drainage | External flood beyond contracted design and scope |
Door misalignment | Improper installation | Damage caused by forced use or impact |
The cause—not merely the visible symptom—determines responsibility.
Warning Signs in a Warranty Clause
Be cautious when the warranty:
Is only verbal
Does not state a start date
Does not state an end date
Does not define covered work
Excludes “all cracks” without qualification
Excludes “all leaks”
Cancels the entire warranty after any minor owner work
Does not explain manufacturer warranties
Does not state how defects should be reported
Gives no response period
Requires immediate final acceptance without inspection
Attempts to waive responsibility for all negligence
Conflicts with the project scope
Is not signed by the parties
A warranty exclusion should be reasonable, specific, and connected to the cause of the defect.
The Civil Code permits parties to agree on contract terms that are not contrary to law, morals, good customs, public order, or public policy. Liability arising from future fraud cannot simply be waived.
What a Good Warranty Clause Should Include
A clear construction warranty should state:
Warranty Start Date
Examples may include:
Date of final acceptance
Date of substantial completion
Date of turnover
Date of posting the guarantee bond
Avoid unclear statements such as “one year after completion” without defining completion.
Coverage Period
Different systems may have different periods, such as:
General workmanship
Waterproofing
Roofing
Equipment
Manufacturer-supplied fixtures
Specialty systems
Covered Work
Identify which work categories are covered.
Exclusions
State what is not covered and why.
Reporting Procedure
Specify:
Contact person
Email address
Required information
Photographs
Emergency procedure
Inspection Process
State when and how the contractor will inspect the concern.
Repair Schedule
Explain how urgent and non-urgent items will be handled.
Owner Responsibilities
Include maintenance, access, proper use, and timely reporting.
Manufacturer Warranties
State who holds the documents and who coordinates claims.
Dispute Process
Explain how unresolved disagreements will be handled.
How to File a Warranty Claim
Step 1: Document the Defect
Prepare:
Project address
Exact location
Date discovered
Detailed description
Photos
Videos
Weather conditions
Frequency
Related damage
Step 2: Prevent Further Damage
Take reasonable temporary measures when necessary.
Examples include:
Turning off a leaking water line
Switching off an unsafe circuit
Moving furniture away from a leak
Placing a temporary container under dripping water
Restricting access to an unsafe area
Avoid permanent repairs that may prevent the contractor from examining the original condition, unless immediate action is necessary for safety.
Step 3: Send Written Notice
Written reporting creates a clear record.
Avoid depending only on:
Telephone calls
Verbal reports
Casual conversations
Messages without photographs or location details
Step 4: Allow Inspection
Give the contractor reasonable access to investigate the concern.
Step 5: Request the Findings
Ask the contractor to identify:
Cause
Proposed repair
Materials to be used
Areas affected
Schedule
Need for retesting
Step 6: Retest the Repair
A repair should be verified.
Examples include:
Inspecting during rain
Repeating a flood test
Running plumbing
Testing the electrical circuit
Monitoring a repaired crack
Checking the drainage after heavy rainfall
Warranty Claim Checklist
Required Item | Check |
Warranty period confirmed | ☐ |
Defect within contractor’s scope | ☐ |
Exact location recorded | ☐ |
Date discovered documented | ☐ |
Photos and videos prepared | ☐ |
Related damage listed | ☐ |
Written notice submitted | ☐ |
Contractor acknowledged notice | ☐ |
Inspection scheduled | ☐ |
Cause identified | ☐ |
Repair method documented | ☐ |
Repair completed | ☐ |
Area retested | ☐ |
Claim closure confirmed | ☐ |
Questions to Ask Before Signing the Contract
Ask the contractor:
How long is the workmanship warranty?
When does the warranty start?
Which work categories are covered?
Which items have longer or shorter warranties?
What is considered normal wear and tear?
What maintenance must the homeowner perform?
Are owner-supplied materials covered?
Who handles manufacturer claims?
Are subcontracted works covered by the main contractor?
Are roof and waterproofing leaks covered?
Are plumbing and electrical defects covered?
What happens after an unauthorized alteration?
How should defects be reported?
How quickly will the contractor inspect?
How quickly will urgent repairs begin?
What documents will be provided at turnover?
What happens when the parties disagree about the cause?
Is retention or a guarantee bond included?
Maintenance Tasks That Help Preserve Coverage
Homeowners should keep records of routine maintenance such as:
Gutter cleaning
Drain cleaning
Catch-basin cleaning
Septic-tank service
Pump inspection
Roof inspection
Sealant inspection
Exterior-paint maintenance
Pest-control treatment
Water-tank cleaning
Air-conditioning maintenance
Cabinet moisture control
Plumbing-leak checks
Take dated photographs and retain receipts where appropriate.
Maintenance records help demonstrate that the homeowner took reasonable care of the property.
Frequently Asked Questions
Does a contractor’s warranty cover every crack?
No. The cause, size, location, progression, workmanship, structural condition, and contract terms must be considered. Widening, recurring, diagonal, or moisture-related cracks should be properly evaluated.
Are roof leaks covered?
They may be covered when caused by defective contractor installation or materials supplied under the contract. Damage caused by third-party modifications, lack of maintenance, or events outside the agreed scope may be excluded.
Is waterproofing covered?
It depends on the warranty clause and scope. The contract should identify the covered areas, period, maintenance requirements, and exclusions.
Who pays when an owner-supplied fixture fails?
The manufacturer or owner may be responsible for the product defect, while the contractor may remain responsible for incorrect installation.
Does hiring another contractor cancel the entire warranty?
Not automatically. It may affect coverage for work altered or damaged by the other contractor. The effect should be limited and clearly stated in the warranty terms.
Can a contractor reject a claim because a subcontractor performed the work?
The main contractor may remain responsible for subcontracted work included in its contract. Review the contract and the relationship among the parties.
Does final acceptance remove all contractor liability?
Not necessarily. Under the Civil Code, hidden defects and defects for which the owner expressly reserved rights may remain actionable. Separate provisions also address serious structural collapse caused by specified defects.
What happens when the warranty has expired?
The contractor may no longer be contractually responsible under the ordinary workmanship warranty, subject to hidden-defect provisions, statutory rights, other unperformed obligations, manufacturer warranties, and the specific facts of the case.
Should warranty concerns be reported verbally or in writing?
Report them in writing with complete details, photographs, dates, and location information.
A contractor’s warranty commonly does not cover:
Normal wear and tear
Poor maintenance
Owner misuse
Unauthorized alterations
Owner-supplied product defects
Manufacturer defects
Appliances and movable equipment
Third-party damage
Natural events unrelated to defective work
External utility failures
Pest damage
Occupancy-related moisture
Pre-existing conditions
Work outside the contractor’s scope
Defects reported beyond the agreed period
However, an exclusion should not automatically excuse:
Defective workmanship
Inferior contractor-supplied materials
Failure to follow approved plans
Incorrect installation
Hidden defects reported within the proper period
Damage caused by the contractor or its subcontractors
Unfulfilled contractual obligations
Serious structural liabilities recognized by law
The best protection is a detailed written warranty supported by:
Approved plans
Clear scope
Material specifications
Punch-list records
Test results
Turnover documents
Maintenance instructions
Written defect reports
Before signing the turnover acceptance, ask:
“What exactly is covered, what is excluded, when does coverage begin, how long does it last, and what must I do when a defect appears?”
A warranty should not merely sound reassuring.
It should provide a clear process for assigning responsibility and correcting legitimate construction defects.
Build With Clarity Through WallPro Systems & Construction
Building or renovating in Cagayan de Oro?
WallPro Systems & Construction supports a documented project process that includes:
Defined scope of work
Material specifications
Quality inspections
Testing
Punch listing
Turnover documentation
Limited workmanship warranty
Defect-reporting procedures
Owner maintenance guidance
Message “WARRANTY” to request guidance on what should be included in your construction warranty before signing or accepting turnover.
#WallProSystems #WallProCDO #ConstructionWarranty #ContractorWarranty #HouseTurnover #ConstructionDefects #HomeBuilderCDO #HouseConstructionCDO #BuildWithClarity
Comments