Northland
Warranties, Guarantees & Defects
Warranties, Guarantees and Defects: What Homeowners Need to Keep
Terms such as warranty, guarantee and defect are often used as though they mean the same thing. They do not. A good handover file helps you see which protection applies, what maintenance is required, and who to contact if an issue arises. This guide is general information for New Zealand homeowners, not legal or insurance advice for a particular project.
Start by separating the four ideas
The Building Act implies certain warranties into residential building work for up to 10 years. They are statutory protections, not an optional product offered by a contractor. Building Performance says they apply whether the contract is written or verbal and regardless of project cost. [1]
| Type of protection | What it is | What to keep |
|---|---|---|
| Implied warranties | Statutory terms that apply to residential building work, including competent work, suitable materials and compliance requirements. | Contract, drawings, specifications, consent records and project correspondence. |
| 12-month defect repair period | A specific period after the completed build date for defects in the building work that are notified to the builder in writing. | Written notice, dated photos, replies and records of any repair work. |
| Product or manufacturer warranty | Terms supplied for a particular product or system, such as roofing, appliances, coatings or joinery. | Product name, warranty certificate, invoice, installation information and maintenance instructions. |
| Contractual or insurance-backed guarantee | Any additional commitment that is set out in the contract or issued by a guarantee provider. | The complete terms, exclusions, claim process and evidence of cover. |
What the implied warranties cover
Building Performance summarises the implied warranties as covering properly and competently completed work, materials that are suitable and normally new unless the contract says otherwise, compliance with the Building Act and Building Code, reasonable care and skill, and completion within the agreed or reasonable time. There can also be a fitness-for-purpose warranty where the contract states a particular outcome and the homeowner relied on the contractor's skill and judgement. [1]
That does not mean every future issue will be covered. The contract, facts, maintenance history and the particular product terms still matter. Renovation work can also involve existing or recycled materials, which should be clearly identified in the contract.
The first 12 months deserve attention
There is a 12-month defect repair period in addition to the longer implied-warranty period. If a defect emerges within 12 months of the completed build date, tell the builder about it in writing and keep the record. Building Performance's guidance says the builder has an obligation to fix defects that emerge in that period. [1]
Not every imperfection is the same kind of defect
New building work can have small aesthetic variations that do not necessarily amount to a breach of contract or warranty. Building Performance's Guide to Tolerances, Materials and Workmanship is intended to help homeowners and builders discuss acceptable quality in new residential construction and renovations. [2] It is a useful starting point, alongside the agreed plans, specification and contract.
Where an issue relates to water ingress, structural performance, electrical or plumbing safety, or a potential health risk, treat it as more than a cosmetic question and seek prompt, suitably qualified advice.
The handover records worth keeping
Keep digital copies in one clearly named folder and back them up. These records are useful for maintenance, future alterations, a potential sale and any discussion about an issue that develops later.
Maintenance still matters
Building Performance notes that owners must carry out the required maintenance for their home. If required maintenance is not carried out, it can limit the ability to seek redress from a contractor or product supplier. [3] Follow the product-specific instructions for your cladding, roofing, coatings, decks, waterproofing and other components rather than relying on a general interval.
A sensible way to respond to an issue
First, make the area safe and prevent further damage where reasonably possible. Then check the contract, handover information and maintenance instructions. Notify the relevant party in writing, keep a clear record and allow a reasonable opportunity to respond. If the issue remains unresolved, get independent legal, technical or insurance advice that is appropriate to the problem. Do not assume a particular remedy or liability before the facts and terms have been reviewed.
Building Performance sources
Warranties, Guarantees & Defects
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