Warranty period for construction work: repair, finishing obligations under the law

What do the Town Planning and Civil Codes say?

The central act is the Civil Code of the Russian Federation. The construction of housing in practice is carried out in the form of a construction contract and provides for strict regulation of the quality of work. In Art. 754 of the Civil Code of the Russian Federation establishes the general responsibility of the contractor for any deviations from the standards of technical documentation.

Important! The Town Planning Code is more specific and narrowly focused, regulating design and construction rules, but does not specify impact measures. The issue of guarantee is resolved specifically in the Civil Code of the Russian Federation.

Is there a guarantee

Art. 755 of the Civil Code of the Russian Federation establishes a legal guarantee for the quality of a construction project. It is indicated that the contractor is responsible for the operational condition of the building by default, unless otherwise provided by the contract. The counterparty is responsible for the entire warranty period.

What is not covered

From the content of the articles of the Civil Code of the Russian Federation, it is possible to deduce cases when the developer’s liability will not apply:

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minor deviations from the norms;
wear;
improper operation of the facility;
improper repairs.

If the contractor made minor errors in the indicators, but this did not affect the operation of the building in any way, then the contractor cannot be held liable.

The rule also applies to cases of wear and tear, when an object loses performance over time. If the customer involved third parties in the repairs or restored the object himself, then claims cannot be made to the contractor.

Legislative norms have direct force, which is confirmed by judicial practice. The contractor has the ability to protect his own rights and interests.

IMPORTANT! The listed violations are proven by examinations. The contractor has ways to avoid liability if he convinces the court that he was not involved.

Roof repair guarantee

The seller has the right to establish a warranty period for the product if it is not established by the manufacturer. The seller has the right to establish an additional warranty period for the product beyond the warranty period established by the manufacturer (clause 7 of Art.

5 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If there is no warranty period for the product. If for the product within a reasonable period, but within 2 years from the date of transfer to the consumer.

These deadlines may be longer if this is established by law or your agreement for the purchase of goods.

For which products an expiration date must be established, they are completely consumed during use, the consumer qualities of which may deteriorate over time, and may become dangerous over time.

food products, perfumes and cosmetics, medicines, household chemicals and other similar goods (work). The sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be established, but it is not established, is prohibited (Clause 5 of Article 5 of the Law of the Russian Federation “On the Protection of Consumer Rights”) .

And if the expiration date is not established within a reasonable period, but within 2 years from the date of transfer to the consumer. These deadlines may be longer if this is established by law or your agreement for the purchase of goods.

Attention Is your roof leaking? Start solving the problem right now.

Fill out the form and our website will automatically generate an appeal and send it on your behalf to the Housing Inspectorate and Administration of St. Petersburg. Report a leak At the end of 2006, our house underwent major roof repairs.

Important Actually, after this so-called overhaul, all the problems began, as in other things with the majority.

When contacting the management company (LLC Zhilkomservice No. 2 of the Central District) to the general. director, a response was received that since the beginning of 2009, ZhKS No. 2 LLC belongs to PromInvest LLC and everything that happened before does not bother them. But, cap. In any case, the repairs had to be carried out in compliance with formal procedures, including the provision of a guarantee.

The warranty period for the roof is 10 years, which is regulated

37 GC “Household Contract” (clause

3 tbsp. 740 GK). In addition, when regulating construction contract relations, acts of a recommendatory nature are used.

Such an act, in particular, is adopted by the Ministry of Construction of Russia on June 10, 1992.

The product must be accompanied by instructions for its installation technology. A guarantee is provided for in almost all contracts for the provision of services. It means the obligation of the performer or contractor to eliminate identified deficiencies in his work or services provided within a certain period, called the warranty.

For example, a construction organization carried out a major overhaul of the roof of a house using its own materials. At the same time, the contract entrusted her with the obligation to correct all defects in the work within two years.

If you purchase a defective product, you will certainly exercise the right of return, since it has a warranty period. This rule also applies to any contract work. Service quality obligations must be established in accordance with the contract.

The conformity of the quality of services provided by the contractor is also noted in the agreement, and if this point is missed, then one should rely on the rules for activities of this kind.

The concept of a guarantee for construction services is spelled out in Article 754 of the Civil Code of the Russian Federation.

If, after purchasing the equipment, it suddenly breaks down, the buyer has the right to claim repairs at the expense of the seller, if the warranty period has not expired.

https://www..com/watch?v=liZV6_MbJfs Many people know about this, but not everyone is informed that construction and repair work also has warranty periods.

Although the importance of this concept is immediately visible: an incorrect calculation or other mistake by the contractor can lead not only to significant material losses, but also to human casualties.

Roof roof repair warranty period

In this case, the claim is made directly to a third party. This is the only way to protect yourself from unplanned, unreasonable expenses of money, nerves and time.

Types and frequency of roof repairs: The warranty period does not cover current damage that may occur due to certain operating conditions of the roof.

Therefore, in order to maintain the quality of the roof, it is necessary to carry out timely repairs. The service life of a soft roof depends on: When analyzing the condition of the roof and the need for repair work, the condition of the old roof, the amount of damage and leakage locations are often assessed.

Often, a soft roof cannot cope with mechanical damage. The cause of damage can be solid precipitation, static loads, seismic activity, evaporation and condensate pressure.
First of all, we are talking about resistance to various physical influences. These include temperature changes, high and low air temperatures, excessive humidity, ultraviolet and infrared radiation, open flames, the influence and development of root systems of vegetation.

local damage to all layers of the roof;
lack of a protective layer in some places of the roof;
low-quality roofing material;
humidity between individual layers of the roof;

the adhesive layer of the sheets is destroyed, resulting in
the roof becomes covered with bubbles, tears and cracks;
vegetation begins to develop between individual layers of roofing material, which additionally leads to ruptures of the top layer of the roof and contamination of the drain;

Warranty period for roofing work according to law

When selling goods, the seller is obliged to issue the consumer a payment document certifying the fact of purchase, with a note indicating the date of sale.

Moreover, the Contractor must eliminate all identified defects and shortcomings free of charge and within a reasonable time, and defective parts, materials and mechanisms must be replaced with new ones.

During the construction of houses and residential premises, as well as installation services, warranty periods are established.

During this period of time, all defects or complaints are presented to the developer, who is obliged to correct the work. The guarantee for construction work is regulated by Federal Law

“On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”

actual deadline for completing the work;
cost of service;
payment methods in installments;
conditions for transfer of the object;
guarantee period.
description of the construction project or installation service;

If the transfer of work within the time specified in the contract is impossible, the developer must be notified of this.

However, the Contractor, whose guilt or inaction is established, will still be liable for the inadequate quality of the work result, and the release from liability in this case will be considered void. The essence of the guarantee is defined in Art. 754 Civil Code.

It lies in the fact that the Contractor is responsible to the Customer for the quality of the work performed, as provided for in the technical documentation and construction codes and regulations binding on the parties, as well as the failure to achieve the indicators of the construction project specified in the technical documentation, including such as the production capacity of the enterprise.

Resolution of the Arbitration Court of the North-Western District dated March 16, 2021

N F07-2614/16 in case N A56-30695/2014 (key topics: apartment building - warranty period - major repairs - construction contract - warranty obligations) having considered 09.03.

Sp 17.13330.2011 roofing.

updated version of snip ii-26-76

If the reference document is replaced (changed), then when using this set of rules you should be guided by the replaced (changed) document.

If the reference document is canceled without replacement, then the provision in which a reference to it is given applies to the part that does not affect this reference.

This document uses terms whose definitions are given in Appendix B, as well as other terms, the definitions of which are adopted according to the regulatory documents listed in Appendix A. 4.

1 These standards must be observed when designing roofs of buildings and structures for various purposes in order to meet the requirements, and.

When designing roofs, in addition to these standards, the requirements of the current standards for the design of buildings and structures, safety precautions and labor protection rules must be met.

4.2 Materials used for roofs and foundations under the roof must meet the requirements of current documents in the field of standardization. 4.3 Preferred roof slopes depending on the materials used are given in Table 1; in valleys, the roof slope is taken depending on the distance between the funnels, but not less than 0.5%.

Table 1 Roofs Slope, % (deg)* 1 Roll and mastic 1.1 Non-operational 1.1.

1 Made of bitumen and bitumen-polymer roll materials with fine-grained topping: with a protective layer of gravel or coarse-grained topping 1.5-10 (1-6) with a top layer of roll materials with coarse-grained topping or metal foil 1.5-25** (1-14) 1.1.2 From mastics: with a protective layer of gravel or coarse powder 1.5-10 (1-6) with a protective paint layer

1.5 (1) 1.1.3 Made from polymer roll materials. 1.5 (1) 1.2 Operated with a protective layer of concrete or reinforced slabs, cement-sand mortar, sandy asphalt concrete or with a soil layer (with a landscaping system) 1.5-3.0 (1-2) 1.3 Inversion 1.5 -3.0 (1-2) 2 From piece materials and corrugated sheets

Technical conditions SP 54.13330.2011 Residential multi-apartment buildings.

Source: https://pravcon.ru/snip-na-garantiju-remont-krovli-35824/

Warranty obligations by type of work

In practice, there are strict rules for determining the time of responsibility. The legislation does not contain a specific list of deadlines that apply to certain types of work.

Construction

Construction work is the most general case, which is directly regulated by the provisions of civil law. The minimum duration is 24 months, the maximum is 5 years. The meaning of construction is to erect a new house or building.

Assembly

According to the logic of the law, installation activities belong to a subtype of construction (the general name is construction and installation work). This conclusion can be made on the basis of paragraph 2 of Art. 740 of the Civil Code of the Russian Federation, which states: installation falls under the concept of other construction actions. Thus, the same periods apply (24 months - minimum, 5 years - maximum).

In practice, installation is the installation of new equipment and other structures (for example, a roof) that form a more general object (for example, an apartment).

Finishing

There is no reason to include finishing activities as a type of construction. In practice, this is the performance of work regulated by consumer legislation. In paragraph 3 of Art. 29 of the Civil Code states: a citizen has the right to make claims against the contractor within 2 years. The same duration is indicated in SNiPs.

Finishing is regulated by other regulations, since it is not directly related to the creation of new objects.

Repair

There are current and capital. If repair activities do not affect significant redevelopment and improvement of the building, then they are ongoing. The terms specified in the Consumer Rights Protection Law will apply: 2 years - maximum.

Major repairs fall under the concept of construction (Article 740 of the Civil Code of the Russian Federation), which automatically allows the use of a five-year period for filing claims.

IMPORTANT! All of the above actions may not have a guarantee: it is established primarily by the contract. It is in the interests of the customer to document the warranty obligation in the agreement with the contractor.

What is the warranty period for roof repairs?

; The rationale for this position is given below in the materials of the Lawyer System: “The customer may need to present claims to the contractor related to the quality of work. This may be necessary in order to:

recover damages from the contractor,
or justify a reduction in the amount of payment (in a situation where the contractor does not agree with such a reduction and tries to recover payment through the court).
replace unsuitable work result
eliminate identified deficiencies,

When making claims against the contractor regarding the quality of the construction work performed, the customer must first of all proceed from the special provisions established for the construction contract.

However, he also needs to take into account the general rules defined for the contract regarding the period for detecting inadequate quality of the work result (), the limitation period, and the guarantee of quality of work ().

Roofing warranties: your own way or someone else’s experience?

Roof maintenance requires an investment of time and money, but such an investment is absolutely justified. A warranty agreement that is separate from or incorporated into the contract is helpful.

Thus, the warranty is divided into warranties for materials and labor.

Sellers answer with anything: “from ten to twenty years,” 25 or even 50 years, often adding the spell word “guarantee” to these terms. An objective answer usually interests no one.

Alas, the shortage of funds has so squeezed the budget for roof repairs that many are ready to cover with promises of a “50-year guarantee” rather than with truly high-quality material.

In addition, not even all experts understand what is meant by the words “roof service life” and “roof warranty.”

The service life of a roof is defined as the time between major roof repairs. A guarantee is a purely legal concept and means the obligation of someone (in our case, the manufacturer of work or materials) to repair the roof at their own expense in accordance with the terms of the contract.

For example: a roofing company has repaired the roof and guarantees its repair at its own expense in the event of a leak for two years, regardless of whether this is a consequence of defective work or the use of low-quality material.

Obviously, the service life of a roof is longer than the warranty period and depends on more factors than just the “durability of materials.”

• constant care of the roof, its proper operation: drainage funnels must be regularly cleared of debris, abutments and other elements must be inspected for possible leaks; It is undesirable to make holes in the roof through the unauthorized installation of antennas and air conditioners, or the use of heavy metal objects to clear the roof of snow; It’s much easier and cheaper to repair a small defect than to have to undergo major roof repairs after a couple of years of suffering from leaks

Maintenance of the roof requires an investment of time and money, but such an investment is absolutely justified. A warranty agreement that is separate from or incorporated into the contract is helpful. It determines the “lifestyle” of the roof in the coming years after installation or repair.

It is understandable that the roofing manufacturer and roofer want to guarantee more while risking less. Fortunately, many consumers have become aware of the dangers of entering into a roof repair contract with a contractor with a dark past and an uncertain future.

According to the Civil Code: A guarantee is an obligation of the seller of a product (service) to eliminate defects in the product (service) at his own expense if they arise during the warranty period.

Thus, the warranty is divided into warranties for materials and labor.

Usually the contractor gives a general guarantee for the entire roof, i.e. for work and materials.

The standard warranty period for roofing is 1-2 years. The requirements for the maintenance of the roof to the building owner seem quite reasonable. Proper roof maintenance is one of the main factors that increases its service life. In this case, the following measures should be taken:

• regular cleaning of drains and evacuation routes for rain and melt water

There are a large number of warranty conditions and the periods for which they are provided, but the main thing remains: the warranty agreement is a legal document, the attitude towards which must be appropriate. You should not rely only on the vague phrases of the seller “we guarantee” or “manufacturer’s warranty”.

Sometimes you hear the real thing: “The 50-year warranty on this roofing material is backed by more than fifty years of experience from the manufacturing company.”

Specify the wording, demand documentary evidence of oral statements, otherwise the guarantee will only be good for covering her head when it drips from the ceiling.

Let's look at ways to provide guarantees in different countries. The practice of long-term guarantees for roofs (more than 2-3 years) has not yet been developed in Russia, and therefore the experience of others is interesting. This will help you understand what is behind the “50 year warranty” claim.

Normal practice in many European countries is the following procedure for providing guarantees:

• primary warranty 2 (two) years; during this period, roof maintenance should be carried out by your organization; it is in the first two years that most of the shortcomings associated with the quality of roofing work are revealed;

• post-warranty service; Roof maintenance is carried out under a separate contract.

The cost of post-warranty service is low, and therefore customers are willing to agree to such an agreement. In Germany, for example, the cost of such maintenance for a typical 2000 square meter roof is DM 500.

This scheme is simple and transparent, and therefore “advanced” customers can already master it.

It’s not bad at all if the manufacturer’s guarantees are backed up by the material manufacturer’s guarantee for their products.

In the USA, the following procedure for providing guarantees has developed:

• guarantees are provided from 10 to 25 years; Naturally, such a long period of guarantees dictates an extremely strict procedure for issuing them; roof components with a long warranty period (20-25 years) must be made according to other, more expensive schemes than roofs with a 10-year warranty;

• a guarantee is provided for the roofing system, including insulation, fasteners, and roofing material; work must be performed by a contractor certified by the roofing system manufacturer, in strict accordance with the “proprietary” manual; all deviations from the units and laying schemes approved by the manufacturer must be agreed upon with its technical department;

• the approximate cost of the guarantee is from 1 to 4 dollars per sq./m; each roof is checked by an inspector from the manufacturer for an additional fee;

• the guarantee is issued to the owner of the building by the manufacturing company; in the first 2 years the warranty is provided by the manufacturer of the work at his expense, then possible repairs are paid for by the manufacturer of the roofing system; as many leaks as there are repairs, at least two a week, complete repairs including removal of the old roof - only at the expense of the owner; it is important that the decision on who to entrust warranty repairs to is made by the system manufacturer;

• the building owner must fully comply with the terms of the warranty agreement for the correct operation of the roof, otherwise the warranty will be canceled.

The complexity of issues related to the provision of guarantees and the length of their terms provide work for a large number of lawyers who protect the interests of the manufacturer and homeowners in lengthy legal proceedings.

In 1997, the Firestone company (USA) published statistics on the costs of roof warranty repairs (see American warranty scheme above). Since warranty repairs are paid for by the roofing system supplier, their cost is a fairly objective indicator of reliability. The year 1987 was taken as the “unit” of expenses.

Diagram 1. Cost of warranty repairs for roofs made of Firestone EPDM membrane (USA) for the first 5 years of operation.

Such a significant (more than 10 times) reduction in costs for warranty repairs of roofs is associated with a lot of work to improve the roofing system, a system for checking the quality of work, improving the qualifications of contractors, and introducing a roof maintenance system.

It is too early to talk about what mechanism for providing long-term (more than 5 years) roofing warranties will develop in Russia. This will largely depend on how much responsibility building owners want to take on for the condition of their roofs.

The situation with roofs in our country is deplorable. At the same time, most roofs can be saved if they are inspected and repaired with modern, reliable materials. The cost of avoided consequential losses can easily outweigh the cost of such repairs.

There are at least a few common reasons why a building owner or operating organization does not monitor the condition of already repaired roofs: budget constraints, reliance on a roofing warranty, or simply “out of sight, out of mind.”

Be that as it may, the lack of preventive inspections and roof repairs leads to premature major repairs, nullifying expensive investments. The lifespan of a well and properly laid roof can be significantly extended at really little cost and effort.

Ultimately, roofing costs per year of operation are significantly reduced. This approach is the best guarantee of a long roof life.

Source: "Roof Evolution"; www.evoroof.ru

“NORTH BUILDING” MAGAZINE No. 9 FOR 2006

Is it possible to refuse

If a guarantee is waived, this is stated in the terms of the contract (clause on the obligations of the contractor). If this is not the case, but the customer has discovered shortcomings or defects in the repair, then the question arises whether a claim can be made. The legislator gives a clear positive answer.

The meaning of the warranty period is that it is voluntary. This does not mean that the absence of an increased liability clause in the contract automatically releases the contractor from claims. For any type of work there is a legal time for filing complaints.

What to do when defective work is discovered

Identification of defects is the basis for making a claim. The trial procedure includes certain stages that must be completed.

Before commissioning

If the facility has not yet been put into operation, then we will not be talking about warranty periods, since the contractor has not yet completed all of its obligations. Only the transfer of the object into operation triggers the warranty. This means that deficiencies discovered by the customer must be eliminated not within the framework of the complaint procedure.

Step-by-step instruction:

collect evidence of the defect;
contact the developer;
demand that deficiencies be corrected.

The detected flaw must be recorded. Photos, measurement results - any confirmation of the defect will help in its further elimination.

Important! It is worth starting a dialogue with the contractor not with complaints, but through a business approach. Formally, the developer has not yet delivered the property, and the customer has not accepted it. This means pointing out the defect to the contractor rather than requiring it to be fixed.

After reception

The fact of transferring the object into operation automatically triggers the guarantee. If a defect was discovered after acceptance of the new building, it is recommended to do the following:

collect evidence of the defect;
prepare documentation;
send the package to the counterparty;
demand that the deficiency be corrected.

The claim procedure for settling the dispute will apply. The effectiveness of the proceedings depends on the quality of the evidence collected and the documentation compiled.

ATTENTION! If the object cannot be used due to a defect, then the warranty is suspended, i.e. the duration of liability is extended for this period of time.

The central role will be played by the claim - a written act in which the originator demands that existing defects be eliminated. The form must include the following information:

information about counterparties;
construction data;
identified deficiencies;
date of compilation and signature.

In the report, the applicant must describe the defects in detail. It is necessary to refer to the provisions of the law that allow you to demand the elimination of defects.

The applications will be evidence. This could be photographs, examination results, witness statements and other arguments.

A special case is when the object was put into use, but the contractor went bankrupt. Bankruptcy automatically removes the figure of the counterparty - it ceases to exist from a legal point of view. What should citizens do? Each developer has special compensation funds. They demand money from them for compensation.

What if the apartment is unsuitable for living?

Unfortunately, there are situations when, due to violations or non-compliance with the requirements of a specific construction technology, the apartment turns out to be unsuitable for living. For example, as in the situation described earlier, when the premises have a persistent smell of ammonia, which does not disappear and is harmful to health if you breathe it constantly.

In this case, with a high degree of probability, the problem will have to be resolved through the courts, since for the developer this is not a one-time job to correct a defect, but multimillion-dollar losses. Therefore, you will have to be patient and turn to professional lawyers.

The good news: situations where apartments turn out to be uninhabitable are extremely rare, and judicial practice in such cases is on the side of buyers.