"Special" Warranties?

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Author Message David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1958 Registered: 03-2002 Posted on Tuesday, September 20, 2022 - 11:38 am:    My client asked me this and I had no answer. Why does MasterSpec refer to warranties as "special warranties"? David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Edward R Heinen CSI CDT CCS LEED-AP Senior Member Username: edwardheinen Post Number: 7 Registered: 04-2022 Posted on Tuesday, September 20, 2022 - 12:50 pm:    Agree that term is a bit vague. MasterSpec does distinguish "special" warranty from "manufacturer's" warranty (016000): 1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. I've reviewed and researched this topic over and over, but I can never remember anything when the topic comes up. There's got to be a better approach. Edward R Heinen CSI CDT CCS LEED-AP Senior Member Username: edwardheinen Post Number: 8 Registered: 04-2022 Posted on Tuesday, September 20, 2022 - 12:59 pm:    ...here is a more up to date version: 1. Manufacturer's Warranty: Written standard warranty form furnished by individual manufacturer for a particular product and issued in the name of the Owner or endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner and issued in the name of the Owner or endorsed by manufacturer to Owner. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1959 Registered: 03-2002 Posted on Tuesday, September 20, 2022 - 01:12 pm:    This qauestion came up on Section 084113 Aluminum Entrances and Storefronts. In this section there are three warranties. "Special Warranty" covers failures of the aluminum parts. There are then two finish warranties, "Special Finish Warranty, Factory-Applied Finishes" and "Special Finish Warranty, Anodized Finishes". David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC ken hercenberg Senior Member Username: khercenberg Post Number: 1517 Registered: 12-2006 Posted on Tuesday, September 20, 2022 - 02:14 pm:    It used to be in SectionFormat, defined as "Include statements specific to this Section that supplement or extend warranties contained in the Contracting Requirements". It was at the end of Part 1 under the Warranties Article after Manufacturer's Warranty. Is that no longer current? Wayne Yancey Senior Member Username: wayne_yancey Post Number: 950 Registered: 01-2008 Posted on Tuesday, September 20, 2022 - 03:53 pm:    A one year "correction after completion" period is included in AIA Document A201, hence a one year warranty is not necessary to describe (only if A201 is used). Specifying extended (special) warranties may limit the Owner's ability to collect under state and federal statutes including the Uniform Commercial Code. To answer your question, I don't know why special warranty term is used throughout MasterSpec. ken hercenberg Senior Member Username: khercenberg Post Number: 1518 Registered: 12-2006 Posted on Tuesday, September 20, 2022 - 04:29 pm:    See CSI CSPG, Second Edition and SectionFormat, page SF.19 Jeffrey Wilson CSI CCS SCIP Senior Member Username: wilsonconsulting Post Number: 344 Registered: 03-2006 Posted on Monday, September 26, 2022 - 11:05 am:    I could be wrong, but have always understood the distinction to be that a Special Warranty is written specifically for the project, as opposed to manufacturer's standard published warranty. The Special Warranty might very well include the same language as the standard warranty, although requirements can be modified by provisions in the spec. From a (legal) layman's perspective, there doesn't seem to be a significant difference between the two unless the spec substantially alters the requirements. Jeffrey Wilson CCS CSI SCIP Wilson Consulting Inc Narberth PA John Bunzick Senior Member Username: bunzick Post Number: 1895 Registered: 03-2002 Posted on Monday, September 26, 2022 - 03:30 pm:    Jeffrey's understanding aligns with mine, too. Which means that they may not be possible to get from many manufacturers.