By Janeia Brounson

Most contracts include a warranty, but many people don’t think much about it until something stops working. That’s when the warranty becomes more than just boilerplate, it becomes the rulebook for who is responsible, for how long, and what must be done to fix the problem. A well-written warranty keeps those answers clear from the start.

What is a Warranty?

At its core, a warranty is simply a promise about performance. In most agreements, that promise is straightforward: The products or services provided under the contract will meet the agreed specifications, perform as defined, and be free from defects or completed in a workmanlike manner. The key is keeping that promise objective and measurable. Vague language like “state of the art” or “fit for purpose” may sound reassuring, but it leaves too much open to interpretation and that’s where disputes tend to begin.

Duration

Just as important as what’s promised is how long the promise lasts. Most warranties run for a defined period from a clearly identified starting point such as delivery, acceptance, commissioning, or substantial completion. Everyone should know exactly when coverage begins and when it ends. If longer protection is needed, that’s typically handled through a separately negotiated extended warranty rather than assumed as part of the base agreement.

Boundaries

Of course, not every issue falls within warranty coverage. A good warranty provision excludes problems outside the provider’s control, things like normal wear and tear, unauthorized modifications, improper use, force majeure events, or issues caused by following the customer’s own specifications. And when third-party equipment or software is involved, responsibility usually stays with the original manufacturer, with any available warranty simply passed through. These boundaries help ensure responsibility aligns with control. 

Solutions

When something does go wrong, the warranty should also make clear what the solution will be. Most agreements keep remedies practical and predictable: Repair the defect, replace the product or re-perform the service, or refund what was paid for the affected portion. Those remedies are typically exclusive, meaning they define the full extent of responsibility for defective work. 

Expectations

In the end, a warranty isn’t just about fixing problems, it’s about setting expectations. When the scope of the promise is clear, the timeline is defined, the limits are understood, and the remedy is established, everyone knows where they stand. And when something doesn’t go as planned, the contract already provides the path forward. 

Janeia Brounson is an attorney with Faegre Drinker, counsel to the CSIA and many of its members. She can be reached at Janeia.Brounson@faegredrinker.com. For more information about the CSIA Legal Plan for CSIA members, visit the website.  

Photo by Sarah Kilian on Unsplash