Cotney Explains Why Defect Claims and Warranty Claims Demand Different Strategies

When a problem surfaces on a roofing project, is it a construction defect claim, a warranty claim, or both? Adams & Reese Tampa Partner & Construction Team Leader Trent Cotney tackles that very question in his latest article, "What Went Wrong," featured in the September 2026 issue of Professional Roofing magazine.

Cotney writes, "In roofing disputes, the legal category matters as much as the physical condition." Construction defect claims typically look backward to whether the work met the contract, plans, codes, and industry standards at the time of installation. Warranty claims, by contrast, focus on the written promise governing performance after completion. Treating the two as interchangeable, Cotney warns, can cause contractors to miss critical defenses or assume obligations their contracts do not impose.

Cotney highlights several key areas where the distinction carries practical consequences for roofing contractors:

• Statutes of limitation and repose vary by state and may apply different periods depending on the legal theory, making timely analysis essential.

• Notice requirements differ between statutory defect claims and warranty claim procedures, and failure to comply with either can eliminate available defenses or remedies.

• Documentation practices should be tailored to each claim type, with defect claims requiring a thorough construction record and warranty claims requiring preservation of executed warranties, inspection reports, and maintenance records.

• Damages and remedies may be broader under a defect theory than under a warranty, which often limits recovery to repair, replacement, or refund.

Cotney offers practical guidance on contract drafting, closeout procedures, and communication strategies that help contractors manage risk before a dispute arises. He notes that a disciplined approach to identifying claim types "can place you in the best position to resolve legitimate issues and defend against overstated demands."

Read the full article in Professional Roofing magazine.