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Adams and Reese Partner and Construction Practice Team Co-Leader Trent Cotney was interviewed in a Roofing Contractor podcast, “Can You Transfer Your Warranty?” with Publisher Jill Bloom.

Roofing contractors that offer workmanship warranties on their projects can often use that to their advantage at the kitchen table or boardroom with customers. But they might not have the proper documentation needed to carry the case through all the way.

“You want to have a separate document that goes through what you are providing and what you’re not providing,” said Cotney.

The documentation not only covers certain limitations and maintenance obligations, but it can become important should the property change owners. “Do you want to extend that warrant to the new owner?” asks Cotney. “Regardless of what you want to do, you need to spell it out in the warranty, because if you don’t say anything … it might be assumed that it is transferable.”

For some contractors, where you’re located may dictate your options. Cotney said several states have statues about transferability.

Cotney also breaks down the necessary factors to win the most common defense to citations issued by the Occupational Health Safety Administration (OSHA).