Why a Verbal Warranty Is Not Enough
- Gabriel Mikael
- 6 days ago
- 14 min read
“Do not worry. We will repair anything that goes wrong.”
“Just call us when you notice a problem.”
These statements may sound reassuring while you are choosing a contractor or preparing for house turnover.
But what exactly do they mean?
Does the warranty cover:
Roof leaks?
Waterproofing failure?
Wall cracks?
Hollow tiles?
Plumbing leaks?
Electrical problems?
Drainage defects?
Cabinets and fixtures?
Materials supplied by subcontractors?
Transportation and labor for repairs?
When does the warranty begin?
How quickly must the contractor respond?
Who decides whether the problem is caused by workmanship, maintenance, misuse, a manufacturer defect, or an outside event?
Without written terms, the homeowner and contractor may remember the promise differently.
A verbal warranty is therefore not enough to protect either party. The construction contract should clearly state the warranty coverage, duration, exclusions, reporting process, repair obligations, and owner responsibilities.
Is a Verbal Warranty Legally Meaningless?
Not necessarily.
The Philippine Civil Code recognizes that contracts may be obligatory regardless of form when the essential requirements for validity are present, except where the law requires a particular form or method of proof. It also provides that contractual obligations have the force of law between the parties and must be performed in good faith.
The practical problem is not simply whether a verbal promise can exist.
The problem is proving:
What was actually promised
Who made the promise
Whether that person had authority
What work was covered
How long coverage lasted
What exclusions were discussed
What repair procedure was agreed
Whether the homeowner complied with the conditions
A verbal statement may become one person’s word against another.
A written warranty turns a general assurance into a clear contractual obligation.
1. “One-Year Warranty” Does Not Explain Enough
A contractor may say the project has a one-year warranty, but the statement leaves many unanswered questions.
When Does the One Year Begin?
Possible starting dates include:
Date of substantial completion
Date of final completion
Date of turnover
Date of final acceptance
Date of occupancy
Date of final payment
Date a guarantee bond is posted
These dates may be weeks or months apart.
Without a written start date, the contractor may say the warranty has already expired while the homeowner believes several months remain.
What Does the One Year Cover?
The warranty may apply only to:
Contractor workmanship
Contractor-supplied materials
Specific systems
Defects reported within the stated period
It may not automatically include:
Normal wear
Owner-supplied fixtures
Appliances
Third-party modifications
Poor maintenance
External flooding
Manufacturer defects
Work excluded from the contract
The words “one-year warranty” are incomplete unless the document defines the coverage.
2. Verbal Promises Are Easily Misunderstood
During a construction project, many people may communicate with the homeowner:
Company owner
Project manager
Site engineer
Foreman
Architect
Electrician
Plumber
Cabinet installer
Sales representative
Subcontractor
One person may promise that a defect will be covered without having authority to change the contract.
Later, the company may say:
“That was only the foreman’s opinion.”
“The subcontractor made that promise.”
“That was not included in our agreement.”
“We did not authorize free replacement.”
“We promised inspection, not repair.”
“We agreed to labor only.”
“The owner was supposed to buy the materials.”
A written warranty should identify the contracting parties and the authorized representative responsible for warranty decisions.
3. A Verbal Warranty Does Not Define Covered Work
The contractor may use the word “workmanship” without explaining what it includes.
Workmanship coverage may involve:
Roofing installation
Waterproofing application
Plumbing connections
Electrical installation
Tile installation
Doors and windows
Painting
Cabinets
Ceiling systems
Exterior drainage
Concrete and masonry finishes
However, each category can contain limits.
Example: Roof Leak
The contractor may be responsible when the leak results from:
Incorrect sheet overlap
Defective flashing installation
Improper fasteners
Unsealed penetrations
Incorrect gutter installation
The contractor may dispute responsibility when the leak follows:
Solar-panel installation by another company
Unauthorized roof modification
Failure to clean blocked gutters
Physical damage caused after turnover
A written warranty should explain how the cause of a defect will be investigated and how responsibility will be determined.
4. It Does Not Identify Exclusions
Every reasonable warranty has exclusions.
Typical exclusions may include:
Normal wear and tear
Lack of maintenance
Owner misuse
Unauthorized alterations
Third-party damage
Owner-supplied product defects
Manufacturer defects
Appliances
Pest damage
External utility failures
Work outside the contractor’s scope
Damage caused solely by extraordinary external events
Exclusions should be specific.
A contractor should not rely on broad statements such as:
“All cracks are excluded.”
“All leaks are maintenance issues.”
“Anything after turnover is the owner’s responsibility.”
“The warranty ends when another worker enters the house.”
“The warranty covers only what we decide to cover.”
The contracting parties may set terms they consider appropriate, provided those terms are not contrary to law, morals, good customs, public order, or public policy.
A fair warranty should distinguish legitimate exclusions from defective work for which the contractor remains responsible.
5. It Does Not Establish a Reporting Procedure
A homeowner may report a defect through:
Phone call
Text message
Messenger
Email
Site visit
Conversation with a worker
The contractor may later deny receiving the complaint or claim that the report lacked important information.
A written warranty should state:
Official email address
Contact person
Contact number
Required claim details
Photograph requirements
Emergency reporting procedure
Inspection scheduling process
Required access to the property
A Proper Warranty Notice Should Include
Homeowner’s name
Project address
Exact defect location
Date discovered
Description of the problem
Photos or videos
Weather conditions, when relevant
Related damage
Requested inspection
Written reporting creates a dated record for both the homeowner and contractor.
6. It Does Not Require a Response Deadline
A contractor may verbally promise:
“We will visit as soon as possible.”
But “as soon as possible” may mean:
Tomorrow
Next week
After the current project
When a worker becomes available
After several follow-ups
A useful warranty should provide separate response standards for:
Urgent Concerns
Examples include:
Active water leak
Electrical burning smell
Exposed wiring
Major plumbing leak
Loose railing
Falling ceiling material
Serious drainage backflow
Non-Urgent Concerns
Examples include:
Minor paint correction
Cabinet adjustment
Small sealant gap
Loose handle
Cosmetic grout repair
When the revised CIAP Document 102 is incorporated into a private construction contract, it provides a one-year guarantee for qualifying materials and workmanship and states that corrective work for covered defects should commence within five days after the contractor receives written notice from the owner. The parties’ actual contract must still be reviewed because CIAP Document 102 does not automatically replace their agreed terms.
7. It Does Not State Who Pays for Repairs
A warranty repair may involve:
Investigation
Transportation
Labor
Replacement materials
Removal of finishes
Restoration
Cleaning
Retesting
Temporary protection
A verbal warranty may not explain whether the contractor will pay for all these items.
Example: Concealed Plumbing Leak
Repairing the defective pipe may require:
Removing cabinet panels
Opening the wall
Replacing the pipe connection
Testing the system
Restoring the wall
Repainting
Reinstalling the cabinet
The contractor may agree to repair the pipe but refuse to restore the damaged finishes.
A complete warranty should state that a qualifying correction includes reasonable restoration of areas that must be opened or damaged to access the defective work.
8. It Does Not Separate Workmanship and Product Warranties
Contractor workmanship and manufacturer warranties are different.
Contractor Workmanship Warranty
This generally concerns how a product or material was installed.
Examples include:
Incorrect faucet connection
Poor tile adhesive coverage
Improper window sealing
Defective roof flashing
Incorrect electrical termination
Manufacturer Warranty
This concerns the product itself.
Examples include:
Defective pump motor
Faulty water-heater component
Broken faucet cartridge
Lighting-driver failure
Defective lock mechanism
Factory-damaged fixture
The written turnover package should identify:
Product brand
Model
Serial number
Supplier
Warranty period
Official receipt
Service center
Claim procedure
Without these records, the homeowner may be unable to claim against the manufacturer even when the contractor installed the product correctly.
9. It Does Not Explain Owner-Supplied Materials
Many homeowners purchase their own:
Tiles
Lighting fixtures
Faucets
Toilets
Sinks
Door locks
Appliances
Water heaters
Cabinets
Windows
The contractor may warrant the installation but not the product.
The written agreement should clarify:
Contractor Responsibility
Proper installation
Correct connection
Protection during construction
Compliance with installation requirements
Reporting visible defects before installation
Owner or Manufacturer Responsibility
Product selection
Factory defects
Missing components
Product capacity
Manufacturer claim
Replacement availability
Without written allocation of responsibility, both sides may refuse to pay when an owner-supplied item fails.
10. It Does Not Clarify Subcontractor Responsibility
A homeowner usually hires the main contractor—not each individual worker.
The main contractor may subcontract:
Electrical work
Plumbing
Cabinets
Roofing
Waterproofing
Aluminum windows
Painting
Tile installation
The warranty should state whether the owner reports all concerns to the main contractor.
When the revised CIAP Document 102 is adopted, it requires the contractor to secure required guarantees from subcontractors, deliver copies to the owner, and guarantee covered work performed directly by the contractor.
The homeowner should not be forced to locate a subcontractor who has left the project, changed contact numbers, or refuses to return.
11. It Does Not Protect Known Punch-List Items
A warranty is not a substitute for completing the punch list.
Known defects at turnover should be documented separately, including:
Exact location
Required correction
Responsible party
Completion deadline
Reinspection status
Effect on final payment or retention
Under the revised CIAP Document 102, when incorporated into the contract, the owner issues punch-list items within the specified period after substantial completion, and the contractor is required to correct known defects at its own expense, except wear and tear or defects attributable to the owner.
A contractor should not say:
“Accept the house now. The warranty will cover the unfinished work.”
Incomplete work should remain identified as incomplete—not converted into an uncertain future warranty request.
12. It Does Not Explain Hidden Defects
Some defects cannot reasonably be discovered during a normal turnover inspection.
Examples may include:
Concealed plumbing leak
Hidden waterproofing failure
Incorrect pipe connection
Defective concealed wiring
Inadequate roof flashing
Construction debris inside a drainage line
Poor adhesive coverage beneath tiles
Concealed corrosion
Defect inside a closed ceiling
The Civil Code provides that acceptance of work generally relieves a contractor from liability for defects, except when the defect is hidden and the owner is not expected to recognize it, or when the owner expressly reserves rights because of the defect.
The revised CIAP Document 102 contains similar treatment for hidden defects and specific reservations when it forms part of the parties’ agreement. It stresses that a reservation should identify the affected portion and describe the defect in as much detail as possible.
A written warranty should explain:
What qualifies as a hidden defect
When it must be reported
How it will be investigated
Whether finishes must be opened
Who pays when no construction defect is found
How covered repairs will be restored
13. It Does Not Preserve Evidence of the Agreement
People forget exact conversations.
Statements may be interpreted differently months later.
A homeowner may remember:
“The contractor said all waterproofing was covered for five years.”
The contractor may remember:
“We said the product had a five-year manufacturer warranty, but our labor warranty was only one year.”
A written warranty prevents disputes involving:
Coverage period
Coverage category
Manufacturer versus contractor responsibility
Labor versus material cost
Start date
Notice deadline
Maintenance requirements
Written terms protect the contractor as well.
They prevent owners from demanding free repairs for damage caused by misuse, third-party alterations, or lack of maintenance.
14. It Does Not Define Maintenance Responsibilities
Some building components require routine maintenance.
Examples include:
Cleaning gutters
Clearing catch basins
Maintaining pumps
Cleaning drains
Inspecting sealants
Repainting exterior surfaces
Servicing septic systems
Maintaining water tanks
Controlling termites
Cleaning air-conditioning drains
Keeping retaining-wall outlets clear
The contractor may deny a claim because of poor maintenance.
The homeowner may argue that no maintenance instructions were provided.
A written warranty should include an owner maintenance guide stating:
What must be maintained
How often
Recommended method
Warning signs
Required service provider
Records to retain
Effect of non-maintenance on coverage
An exclusion should apply only when the maintenance failure is reasonably connected to the reported damage.
15. It Does Not Explain the Effect of Third-Party Work
After turnover, homeowners may hire other providers to install:
Air-conditioning
Internet
CCTV
Solar panels
Additional cabinets
Canopies
Water heaters
Security systems
Landscaping
Gates
The contractor may claim that any outside work cancels the entire warranty.
That is too broad unless clearly and lawfully agreed.
A more reasonable written provision should state that third-party work affects coverage only for:
The portion altered
Damage directly caused by the alteration
Systems affected by the new installation
Work the original contractor can no longer inspect
Installing an internet cable should not automatically cancel the warranty on unrelated plumbing, tiles, cabinets, and drainage.
16. It Does Not Explain What Happens After a Failed Repair
A warranty should not end after the contractor makes one repair attempt.
The homeowner should know what happens when:
The roof still leaks
The crack returns
The breaker continues tripping
The tile becomes loose again
The drainage still ponds
The cabinet swells after replacement
The plumbing leak reappears
The written procedure should require:
Reinspection
Cause review
Revised repair method
Retesting
Restoration
Written closure only after verification
A repeated cosmetic patch should not be treated as successful correction when the underlying defect remains.
17. It Does Not State the Effect of Final Payment
Homeowners may believe that releasing final payment does not affect any remaining concern.
Contractors may argue that payment and acceptance confirm full satisfaction.
The contract should clarify:
Requirements before final payment
Unfinished work deductions
Punch-list status
Retention
Guarantee bond
Outstanding claims
Express reservations
Hidden-defect rights
The revised CIAP Document 102 states that its correction provisions may apply despite final completion documentation or full payment in the circumstances it identifies, including qualifying hidden defects and properly reserved defective work.
Do not sign a final acceptance document containing statements such as “all work is complete and satisfactory” while known defects remain unlisted.
18. It Does Not Replace Statutory Rights
A written contractual warranty is important, but it is not necessarily the only source of rights and liabilities.
Article 1723 of the Civil Code addresses liability when a building collapses within 15 years because of defects in plans or ground conditions, defective construction, inferior contractor-supplied materials, or violation of the contract. Acceptance after completion does not automatically waive the causes of action described in that provision.
This does not mean every crack, leak, or finish defect receives a 15-year warranty.
Article 1723 concerns the serious conditions identified in the law, particularly collapse and its specified causes.
Homeowners should obtain legal advice for significant disputes, structural failures, denied claims, or conflicting warranty provisions.
What a Written Contractor Warranty Should Contain
A useful warranty document should include the following:
1. Project Information
Owner’s name
Contractor’s legal name
Project address
Contract date
Turnover date
Reference to the main construction agreement
2. Warranty Start Date
State the exact date or clearly defined event.
3. Warranty Duration
Identify the period for:
General workmanship
Roofing
Waterproofing
Plumbing
Electrical work
Cabinets
Specialty systems
Manufacturer-covered products
4. Covered Work
List each category clearly.
5. Exclusions
Explain normal wear, maintenance, misuse, owner-supplied products, third-party alterations, and work outside the scope.
6. Notice Procedure
Provide official contact details and required claim information.
7. Response Time
Separate urgent concerns from ordinary corrections.
8. Inspection Process
State who will inspect and how findings will be documented.
9. Repair Responsibility
Identify who pays for:
Labor
Materials
Removal
Restoration
Transportation
Testing
Cleaning
10. Subcontractor Coverage
State whether the main contractor remains the homeowner’s primary contact.
11. Manufacturer Warranties
Attach supporting documents.
12. Maintenance Requirements
Provide clear instructions and recommended schedules.
13. Reinspection and Retesting
Require confirmation that the repair solved the defect.
14. Dispute Procedure
Explain escalation, technical review, mediation, arbitration, or other agreed remedies.
Verbal Warranty vs. Written Warranty
Warranty Issue | Verbal Promise | Written Warranty |
Start date | Open to disagreement | Clearly defined |
Coverage period | Easily misunderstood | Stated per work category |
Covered defects | General assurance | Specific list |
Exclusions | Often discussed only after a claim | Disclosed before signing |
Claim procedure | Informal calls or messages | Official notice process |
Response time | “As soon as possible” | Defined timeline |
Repair cost | Unclear | Allocated by responsibility |
Subcontractor work | Responsibility may be passed around | Main contact identified |
Owner maintenance | Rarely explained | Documented requirements |
Product warranties | May be lost | Receipts and certificates attached |
Failed repair | No clear next step | Reinspection process |
Evidence | Depends on memory | Signed record |
Warning Signs of a Weak Warranty
Be cautious when the contractor:
Refuses to put the warranty in writing
Says a contract is unnecessary because you can trust each other
Cannot define when coverage starts
Uses only the phrase “service warranty”
Gives different answers about the duration
Excludes all cracks or all leaks
Does not identify an official contact
Provides no response timeline
Requires complete final payment before punch-list inspection
Refuses to provide manufacturer warranties
Says subcontractor work is not its responsibility
Claims any third-party work cancels all coverage
Has no recent clients who completed warranty repairs
Promises that no defects will ever appear
Trust is valuable.
Clear documentation is what protects that trust when memories, workers, ownership, or circumstances change.
Questions to Ask Your Contractor
Before signing, ask:
What exact work is covered?
When does the warranty begin?
When does it end?
Are different systems covered for different periods?
Are labor and materials both included?
Who pays for opening and restoring finishes?
How do I report a defect?
Who is the official warranty contact?
How soon will urgent concerns be inspected?
How soon must corrective work begin?
Are subcontractor installations covered?
How are manufacturer defects handled?
Are owner-supplied fixtures covered for installation?
What maintenance must I perform?
How does third-party work affect coverage?
What happens when the repair fails?
Are known punch-list items separate from the warranty?
What documents will I receive at turnover?
Is retention or a guarantee bond required?
How will disputes over the cause of a defect be resolved?
Written-Warranty Checklist
Before accepting turnover, confirm:
Warranty Requirement | Check |
Warranty document signed | ☐ |
Contractor’s legal name stated | ☐ |
Project address stated | ☐ |
Start date defined | ☐ |
Duration defined | ☐ |
Covered work listed | ☐ |
Exclusions listed | ☐ |
Owner maintenance listed | ☐ |
Official contact provided | ☐ |
Written notice procedure provided | ☐ |
Response times stated | ☐ |
Repair-cost responsibility stated | ☐ |
Restoration responsibility stated | ☐ |
Subcontractor work addressed | ☐ |
Owner-supplied materials addressed | ☐ |
Manufacturer warranties attached | ☐ |
Punch-list items documented separately | ☐ |
Retesting procedure included | ☐ |
Dispute process included | ☐ |
Owner received a signed copy | ☐ |
Frequently Asked Questions
Is a verbal contractor warranty valid?
A verbal commitment may have legal significance depending on the facts and applicable law, but proving its exact terms can be difficult. A signed written warranty is much safer for both parties.
Is a text message considered a written warranty?
Messages may help prove representations or agreements, but scattered conversations are not a substitute for a complete, signed warranty clause identifying coverage, duration, exclusions, and procedures.
Should the warranty be inside the construction contract?
It may be included in the main agreement or attached as a signed warranty schedule. The contract should clearly identify the attachment as part of the agreement.
Does a one-year warranty cover everything?
No. Coverage depends on the contract, cause of the defect, exclusions, owner maintenance, manufacturer terms, and applicable law.
Can the contractor refuse a claim because a subcontractor performed the work?
The contract should state responsibility clearly. When subcontracted work is part of the main contractor’s scope, the owner should ordinarily have a defined process for reporting it to the main contractor.
Is a punch-list defect considered a warranty claim?
A known incomplete or defective item should be recorded on the punch list and corrected under the completion process. It should not be hidden inside a general future warranty promise.
What happens when the contractor refuses to put the warranty in writing?
Treat that refusal as a major warning sign. A contractor willing to make a clear promise should also be willing to document its reasonable terms.
Should homeowners sign the contractor’s warranty immediately?
Review the warranty together with the construction contract, scope, exclusions, turnover certificate, punch list, and final-payment conditions. Obtain professional or legal review when the provisions are unclear or one-sided.
A verbal warranty may sound comforting, but it does not clearly establish:
What is covered
What is excluded
When coverage begins
When coverage ends
How defects must be reported
How quickly the contractor must respond
Who pays for repairs
Who restores damaged finishes
How subcontractor and manufacturer claims are handled
What happens when a repair fails
Do not accept only:
“Do not worry. We will take care of it.”
Ask the contractor to put the commitment in writing.
The safer sequence is:
Review the scope → define the warranty → list exclusions → establish reporting procedures → document punch-list items → receive product warranties → complete turnover → keep written records of every claim.
A written warranty does not create distrust.
It prevents future misunderstandings and gives both the homeowner and contractor a fair, organized process for resolving legitimate 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 and exclusions
Material specifications
Quality inspections
Testing
Punch listing
Turnover documentation
Written workmanship-warranty terms
Defect-reporting procedures
Owner maintenance guidance
After-sales coordination based on the signed agreement
Message “WRITTEN WARRANTY” to request guidance on the warranty provisions you should review before signing a construction contract or accepting house turnover.
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