Construction Law

Hurricanes & Warranty Claims

Generally speaking, a hurricane is considered an Act of God.  Whether your warranty is voided because of hurricane force winds depends on the wording of your contract and warranty.  An Act of God waiver or disclaimer may act to eliminate a roofer’s liability for potential warranty claims. Similarly, a workmanship warranty may contain provisions which exempt damages caused by hurricanes.  Most manufacturer’s warranties have similar language.  It should be noted that if there is no damage caused to a roof other than wind speed below design criteria, and if the product fails, then the customer could potentially have a claim absent contractual/warranty language to the contrary.  However, most damage caused in hurricanes is a result either in whole or in part by missile debris and not wind alone. Clearly, under most circumstances, a roofer would not be liable for missile debris damage caused to their work. A careful examination of technical data also reveals a variety of other defenses including duration of hurricane force winds, gust speeds, micro bursts and tornadic force which may be exempt from existing warranties.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.