A poorly constructed foundation increases both the risk of water leakage and the need for waterproofing systems.
Today's owners, designers, builders, and manufacturers face a challenge when they are tasked with the task of designing deep foundations in demanding groundwater conditions and considering the construction of high-performing and dry structures.
Unfortunately, these intentions are balanced by the reality that perfection in installing waterproofing is unrealistic, and some potential for leakage typically remains, particularly in conditions that are exposed to hydrostatic groundwater pressure.
This is particularly the case in situations where the potential for leakage is greatest.
The limitations of below-grade waterproofing or plastering systems in terms of performance and quality are becoming more obvious to architects and building owners.
Despite this being understood, there is a common misconception that any remediation for leakage is covered as part of the manufacturer's warranty.
As a result of this misconception, as well as the demand from the market for more extensive warranty coverage, manufacturers have, over the course of the years, developed warranty options that are better able to align themselves with the expectations that are specific to individual projects and with the management of liabilities.
This article discusses how warranties can have an effect on projects, reviews the typical options and considerations for warranties, and outlines how warranties can be used to enhance the appropriate performance and accountability for projects.
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A warranty is a written agreement that guarantees coverage for a specified set of materials and labor costs in the event that the below-grade waterproofing installation is found to be defective.
The performance characteristics that can result in a warranty claim are variable depending on how "leakage" is conceptualized by the parties involved.
The at-risk party in the warranty agreement may respond in a variety of ways, ranging from conducting a comprehensive investigation and laboratory testing to providing prompt repairs of leaks that are easily visible.
This latter method is utilized on occasion in order to ascertain whether or not the materials in question conform to the physical properties for which they were designed and to determine who is responsible for paying the cost of repairs.
The following are some of the most common types of waterproofing warranty options available:
Materials Only – This is a limited warranty that covers the replacement of faulty materials due to a problem with either the materials themselves or the manufacturing process that caused leakage.
This kind of warranty does not compensate for expenses incurred due to labor, access, or loss of operation. This warranty is provided at no additional cost to the customer in the vast majority of instances.
Performance-based, with No Dollar Limit (NDL) and Limited Coverage Options – This warranty covers the cost of repairing or replacing faulty materials, whichever is more appropriate to fix the leak.
While "limited" provides coverage up to a predetermined dollar amount, "non-limited" coverage includes all of the necessary costs required to fully address the leakage.
Typically, this amount corresponds to the total cost of the materials required for the initial waterproofing installation.
This type of warranty may incur an additional cost, require the participation of the manufacturer during certain design and construction milestones, and call for additional work during the construction phase.
This additional work may include manufacturer meetings, third-party inspections, and joint efforts with the manufacturer.
These costs, which are typically borne by the owner and should be taken into consideration before construction begins, can be quite substantial.
Contractor Warranty –This warranty has a specific correction period, which ranges anywhere from one to five years, during which the contractor is required to repair their work in the event that it fails to perform as promised.
If the work continues to be defective after this period, the owner will have no choice but to rely on the manufacturer's warranty, if they still have one.
Implied Warranty – This includes the warranties of merchantability and fitness, which state that a product is suitable for a specific purpose or application and that it assumes certain "common sense" conditions regarding the quality and performance of the product.
These warranties are included in this category.
These warranties are frequently listed as an explicit exclusion in the language of the manufacturer's warranty, and they ought to be mitigated by project-specific requirements, which are typically written into the specifications.
These requirements might involve the warranty company conducting an inspection and getting written permission to proceed with the design and installation.
Warranties that actually do their job help the owner, the designer, the builder, and the manufacturer define their expectations of one another.
Because there are so many different permutations that need to be taken into account, the straightforward goal of elaborating on responsibilities in the form of a written agreement can, at times, give the appearance of making the roles of the parties involved more difficult to understand. Among the various things to take into account are the following:
Manufacturer Validation and Ownership Approval: To comply with the terms of certain performance-based warranties, the manufacturer must first review the design documents to validate their intention to provide the specified warranty.
In spite of the fact that this may add time to the schedule, it may nevertheless provide additional coverage without the inclusion of implied warranties, as was discussed above.
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Construction Schedule:The additional time and resources necessary to obtain a performance-based NDL warranty for below-grade waterproofing will impact the schedule and budget, and this must be weighed against the desire of the owner to have comprehensive protection against leakage.
Triggers that Void Warranties:A change in ownership of the building, repairs carried out by contractors who are not approved, use of materials or methods that are not approved, and failure to notify the manufacturer prior to making repairs and within the allotted amount of time can all render warranties null and void.
Other factors that can do the same include the use of materials or methods that are not approved.
Collateral Damage: In most cases, waterproofing warranties do not cover the cost of labor and materials required to repair interior finishes and other building systems, as well as the costs associated with an impact on the building's schedule or building operations.
Repair Methodology:The majority of warranty repairs are determined by performance.
The party that is at risk will frequently direct the selection of the materials and methods used to make the repairs, and these will be installed based on their availability to finish the work.
This could lead to the use of materials and systems that are of a lower quality than those specified for the project, as well as the installation of the project on a timeline that is different from what the owner had anticipated.
The Misperception
The majority of the time, water seepage through foundations is caused by breaches in the below-grade waterproofing system that are subjected to hydrostatic pressure.
This pressure can be caused by high groundwater levels or a lack of drainage outboard of the foundation.
Some factors, such as improper installation, damage caused by tradesmen after installation, building movement, material limitations and deterioration, or design-related issues, may be to blame for the breaches.
The design of continuous below-grade waterproofing systems is frequently hindered by foundation elements, the support of excavation, underpinning, and concrete forming systems, all of which may not consider waterproofing performance as a primary driver to their design.
This presents a significant challenge for the design of these systems.
In addition, the installation of below-grade waterproofing systems is frequently hampered by the conditions of the site, which may include wet and soiled environments, fast-track schedules, insufficient coordination between trades, and the requirement for a nuanced understanding of the various properties of waterproofing systems.
Most of the time, membrane breaches cannot be exposed to be repaired, which makes repairing the below-grade waterproofing on existing buildings difficult, expensive, and disruptive.
When a leak is discovered, the property owner will typically get in touch with the waterproofing installer and the manufacturer to have the leak in the warranted assembly repaired.
All too frequently, the labor associated with addressing the leakage is not covered by the warranty agreement. Instead, the agreement may only provide the materials that are necessary to make repairs.
In most cases, the much higher costs for obtaining permits, access, excavation, loss of operation or disruption, and labor required to repair the waterproofing installation more than compensate for the potential value of replacement waterproofing that is provided free of charge.
Consequently, repairs made from the interior of the building, known as "negative-side repairs," are frequently used to address leakage.
However, the owner is responsible for the cost of these repairs because the warranty does not cover them.
In order to avoid the "misperception," warranties need to have a clear definition of what is included in the warranty and what events cause the warranty to become active.
The main reasons why warranties can give people a false sense of security are that the language used in the warranty is ambiguous, and the team working on the project does not always fully understand what the language means.
Warranties do not eliminate the need for proper installation and complete contract documents that facilitate the requirements of the owner's project.
A foundation leak completely covered by an all-inclusive warranty is not a suitable replacement for a leak-free foundation.
The better warranties are business agreements that can provide an agreed-upon quality assurance program for the design and construction of the product.
This program will hold the manufacturer liable only if the product fails to perform when used as it was specifically intended to be used.
From the perspective of the manufacturer, the better warranties are business agreements.
This can be a proactive way for the manufacturer to limit their exposure to the cost of repairs while also actively engaging with the project team to affect a positive outcome.
Additionally, this can be a way for the manufacturer to affect a positive outcome by actively engaging with the project team.
Success with Warranties
In order to avoid the "misperception," warranties need to clearly define what is included in the warranty and what events cause the warranty to become active.
The main reasons why warranties can give people a false sense of security are that the language used in the warranty is ambiguous, and the team working on the project does not always fully understand what the language means.
Warranties do not eliminate the need for proper installation and complete contract documents that facilitate the requirements of the owner's project.
A foundation leak that is completely covered by an all-inclusive warranty is not a suitable replacement for a foundation that is leak-free.
The better warranties are business agreements that can provide an agreed-upon quality assurance program for the design and construction of the product.
This program will hold the manufacturer liable only if the product fails to perform when used as it was specifically intended to be used. From the perspective of the manufacturer, the better warranties are business agreements.
This can be a proactive way for the manufacturer to limit their exposure to the cost of repairs while also actively engaging with the project team to affect a positive outcome.
Additionally, this can be a way for the manufacturer to affect a positive outcome by actively engaging with the project team.
From the point of view of ownership, warranties set an agreed-upon standard for the installation based on the requirements of the owner's project and the desired level of coverage. In the event that there is foundation leakage after the completion of the construction project, the warranty gives the owner the ability to hold the manufacturer and the installer accountable for their work by providing a means to do so.
In a similar vein, from the standpoint of design, warranties ought to be regarded as an organized system that communicates an acceptable construction standard.
When it comes to the design process, the purpose of a warranty is to establish a set of expectations in a way that reinforces the design intent.
This is the warranty's functional goal. A warranty can serve this purpose by helping to protect against inequitable substitutions, substandard detailing, and variations in quality.
On the other hand, a warranty cannot replace a well-designed product informed by both experience and the fundamentals of engineering.
A comprehensive warranty program not only engages the manufacturer in providing input throughout the construction process but also provides clear parameters for the project-specific installation requirements.
This is beneficial from the perspective of the contractor.
Before construction begins, it is in the contractor's best interest to establish clear design intent, owner's expectations, and warranty triggers in situations where the installer is subject to liability.
When implemented correctly, warranties have the potential to open up communication channels within a project team, which can benefit every member of the project team.
Having said that, warranties should be viewed as a business agreement between the owner and the manufacturer, the terms of which should be negotiated.
Warranties should not be viewed as a stand-alone QA/QC program or as a replacement for quality, project-specific design. Considering a new project? Then MJS Construction Group builders Melbourne is the answer.
Frequently Asked Questions
Most standard building insurance policies will cover cracks in walls caused by subsidence, as long as your home hasn't had subsidence before. If your cracks in walls aren't caused by subsidence, it's unlikely that your buildings insurance will pay for any repairs.
What is the 80% Rule for Home Insurance? The 80% rule is an unwritten rule that means insurance companies won't provide complete coverage after a disaster unless the insurance policy in effect equals at least 80% of the home's total replacement value.
In a perfect world, the amount of coverage you have for your dwelling should equal the cost to replace your home. This should be based on the costs of rebuilding rather than the price of your home. Depending on the location, the condition of your home, and a number of other factors, the cost of rebuilding could be higher or lower than the original price of the home.
The first step is to replace the existing tiles in the shower with brand-new ones after the old ones have been removed. This is done so that any damaged or leaking waterproofing membrane can be repaired. The second option in this scenario is to contact waterproofing professionals to re-grout and reseal the existing tiles to prevent leakage.
4 Types of Waterproofing Warranties
A waterproofing warranty is a legally binding agreement in which a company guarantees that some or all of its work will be free of defects, typically for a specific length of time.
This agreement must be formally approved and signed by both the owner of the project as well as a representative of the company manufacturing the product. Typically, the warranty is valid for the duration of the time specified in the agreement.
A remedy is offered under the terms of a warranty in the event that the customer experiences certain issues with the product that was sold to them.
The goal is to give the customer a sense of security, guarantee that the company stands behind the product, and verify that the product lives up to the company's claims regarding its dependability and performance.
If you buy a waterproofing solution and find out later that it has a defect, you can file a claim with the company to get some or all of the money back that you spent on the product.
This is provided that the waterproofing solution is still covered by its manufacturer's warranty. A warranty is essentially an assurance from the company that their product will live up to the claims that they make about it.
The waterproofing industry makes use of a variety of warranties, each with their own specifics. When shopping for a waterproofing system, whether it's for your home or your place of business, you should educate yourself on the nuances of the various warranties available.
After doing so, you will be able to select the warranty that is suitable for your particular application. MJS Construction Group provides a diverse selection of townhouse builders throughout the Melbourne area.
Materials-Only Warranty
A warranty that covers only the materials is the most common type of guarantee found in the waterproofing and roofing industries.
It is a limited warranty that specifically covers the cost of materials in a waterproofing installation if those materials are proven to be defective and the warranty period, which typically ranges from 5 to 30 years, covers the cost of the materials.
For instance, if a coating or another component of a waterproofing solution fails to perform as expected during the time period covered by the warranty, a materials-only warranty will allow the consumer to recover the cost of the failed product or have the manufacturer repair or replace it.
The vast majority of businesses do not tack on any additional fees for a materials-only warranty.
Labour and Materials Warranty
A warranty that covers only the materials used in the waterproofing system is referred to as a "warranty that only covers the materials" (or "warranty that only covers materials").
As its name suggests, a Labor and Materials warranty will cover both the labor involved in installing the waterproofing system as well as the materials themselves.
In most cases, a waterproofing system is installed by a contracting company using coatings that are supplied by the relevant manufacturers. It is possible that it will take them several days to finish the project, but this will depend on the scope of the project.
The increased duration of the installation raises the possibility that the project will sustain water damage.
The general contractor is responsible for providing an estimated completion date. If you're looking for a high-quality, affordable builder in Melbourne, you're in the right place! Check MJS Construction Group!
If the contractor failed to properly install a waterproof membrane, and the installation is still within the warranty period, then a Labor and Materials warranty can be used to recover the cost of both the labor and the materials that were used in the project.
This is because the warranty covers both the labor and the materials. In this scenario, the cost of the materials that are used is covered by the manufacturer, while the cost of the labor that is put in is the responsibility of the contractor.
Labour and Materials with Overburden Warranty
Some companies that specialize in waterproofing provide customers with a warranty that covers replacements of both labor and materials, in addition to providing an exhaust warranty.
This warranty covers both the labor and materials that are associated with installing a waterproofing system. Its scope is comparable to that of the Labor and Material warranty.
In addition, the costs associated with removing and replacing the defective product are covered by the Overburden portion of the warranty. This covers any ancillary products that were used on top of the waterproofing system as well.
Under tile floors and other types of hard flooring, waterproofing installations are frequently installed.
Suppose the client only has a Labor and Material warranty. In that case, they are responsible for paying to have the tile or flooring removed and replaced if a membrane fails during the warranty period.
Obviously, this can add up to a significant cost, particularly if the membrane is covering a sizable area.
A Labor and Material warranty that includes an overburden addition will cover the total cost of replacing the membrane, which includes tearing out the old tile or flooring and putting in the new one, referred to as "overburden."
In this regard, labor and material warranties with overburden are considered to be more comprehensive warranties and provide greater coverage than the previously listed waterproofing warranties.
NDL Warranty ("No Dollar Limit")
You will find that the majority of limited waterproofing warranties have a maximum claim amount if you read the small print and pay attention to the specifics. It is possible that you will be required to pay the difference between this amount and the cost of replacing the defective product if it is higher.
For example, the maximum amount that may be covered by a limited roofing warranty is $5,000.
However, if the actual cost to replace the faulty roof is $7,500, the customer will be responsible for the remaining $2,500 of the bill. As a result, "no dollar limit" warranties, also known as NDL warranties, are preferred by some homeowners and business owners.
An NDL warranty is a contract that covers the costs associated with repairing or replacing a faulty waterproofing system.
These costs can include labor and materials. In contrast to limited warranties, there is no upper limit on the amount of coverage provided. An NDL warranty ensures that the company will pay to have the defective waterproofing solution fixed, regardless of how much money it costs. This could be anywhere from $500 to $50,000.
It is important to keep in mind that many businesses demand an additional payment for NDL warranties. The longer the coverage of the NFL that you want, the higher the price will be. It is highly likely that these businesses will raise the ongoing prices of their NDL warranties as time goes on and the risk of failure becomes more prevalent.
Summary
Warranties for waterproofing systems not only help define the expectations that each member of the project team has for one another, but they also have the potential to improve the quality of both the design and the construction.
The owners, designers, builders, and manufacturers of below-grade waterproofing systems are gaining a better understanding of the performance expectations associated with these systems, and manufacturers continue to revise their warranty options in order to better align project-specific expectations and manage their liability.
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Warranties are a tool that, when used strategically and in conjunction with sufficient construction documents and knowledgeable construction phase services, have the potential to be an extremely useful resource for meeting the demands of the owner's project. In order to avoid the commonly held misunderstanding, project teams must also be aware of the restrictions imposed by warranties, which, in the end, are merely commercial agreements that are meant to improve project requirements.
