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how can I, roofing contractor, assume or take over another roofers workmanship warranty?

FloridaConstruction Contract

A loyal customer of ours recently changed management companies. The new management company had me inspect another roofers installation on a commercial property. For a annual fee he what's us to assume the balance of the other roofers workmanship warranty

1 reply

Jul 24, 2019

Generally, the doctrine of "freedom of contract" allows parties to agree to whatever they want - provided that it isn't illegal or against public policy.

Accordingly, there is nothing that should prevent a company from agreeing to provide a warranty for already completed work, even if that work was completed by a different party. The contract should clearly and specifically set forth the rights and responsibilities of each party, the costs involved, and the specific scope of the warranty. So, if the idea is to completely assume all of the responsibilities of the formed roofing company, the language and term of the current warranty could be transferred to a new agreement. It may also be worth considering the management company executing a document releasing the prior roofing company from obligations under the current warranty.

While this doesn't necessarily need to be a complex and lengthy document, it is a contract that can have significant legal consequences. Accordingly, while a company can draft its own contract documents, it is a best practice to have a lawyer draft (or at least review) the contract documents in order to make sure it accomplishes the desired result.

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