Good morning,
We were wondering what others have experienced when a client attempts to claim against a contract's warranty provision for defects that have nothing to do with the work performed, nor the work disturbed.
In our case, we were hired to replace a large roof on a building. Subsequent to such work, we were called twice to resolve two separate apparent leaks. We remobilized personnel to the site and carefully examined the work as well as the leaks. It was determined in both cases that the leaks were the result of the roof mounted HVAC systems leaking (this was not in our scope) and, in fact, the water did not come from the roof at all. Our efforts included identifying the area affected, cleaning the area, and identifying but not disturbing the offending pipes.
Although it is our understanding that the repairs needed to the HVAC system was then performed by the Client's contractor, we are wondering how others would handle any subsequent visits for warranty work claims when, in fact, the work was performed properly and there was no defect to be repaired? I believe that after verification that the warranty provision does not apply, that this would be a basis for an REA. However, is there a better practice to follow?
Thank you in advance.