2000 by the National Roofing Contractors Association. No

under certain conditions. Unlike the category Specific
Exclusions from Coverage, Category 13 refers to those
conditions stated in the warranty document that will
make the warranty null and void or ineffective in its
entirety, as opposed to simply not being responsive to
a particular leak. For example, a warranty may indicate
that repairs, alterations, or additions without the prior
approval of the manufacturer make the warranty null
and void; this differs from the statement that a leak
resulting from a repair or alteration not previously
approved by the manufacturer is excluded, or not
covered, under the warranty.
An alphabetic code is used in this category to reference
specific conditions to make a warranty ineffective or
void, a key for which is provided below. The list of
specific conditions is a compilation of conditions that
appear in roof warranties submitted to NRCA; the
language appearing in the various conditions is not
necessarily the exact language appearing in a specific
warranty document, but it reflects the intent.
Index of Specific Conditions that Make a Warranty
Ineffective or Void:
A. Shingles are not applied in accordance with
manufacturer’s application instructions or
specifications
B. Deck over which the shingles have been
applied does not meet building code minimum
requirements
C. Roof structure is not properly vented; roof
structure does not have through ventilation
meeting building code minimum requirements;
ventilation does not meet FHA minimum
property standards
D. Absence of underlayment in new construction
or tear-off to deck
E. Repairs or expenditures incurred prior to
manufacturer’s acknowledgement and
acceptance of claim
F. Shingles that are purchased or installed
outside the United States or Canada
G. Warranty registration form is not executed and
submitted to manufacturer upon application of
shingles
H. Shingles are not installed by a roofing
contractor certified by the manufacturer
I. Lack of proper notification
14. Inclusion of consequential damages: The word
no in this category indicates that the warranty does not
cover consequential damages that may result from a
roof leak, such as damage to the interior of the building.
The majority of roof warranties expressly exclude
consequential damages.
15. Assignability: Like other legal documents,
warranties can generally be “assigned” or “transferred”
by one party to another, unless there is a specific
prohibition against such assignment. Some roofing
21
warranties contain such prohibitions, and some state
specifically that no assignment or transfer will be
allowed without the prior written permission of the
manufacturer. The phrase No restrictions stated
indicates that the warranty contains no provision
barring, limiting, or conditioning the owner’s rights to
assign the warranty to a subsequent owner or party.
16. Cost to obtain: This is the amount, if any, that the
manufacturer charges to obtain the warranty. The word
None entered in this category means that there is no
separate charge, apart from the cost of purchasing the
materials, for the warranty. When there is a separate
charge, it will generally be stated on a per-square (100
square feet) basis.
17. Backed by insurance coverage: This category
indicates whether an insurance company is listed on
the face of the warranty document and whether the
manufacturer has insurance applicable to its warranty
obligations. The entry of No indicates that no
insurance company is named on the face of the
warranty document, meaning that the owner or other
claimant would not be entitled to assert a claim against
an insurance company in the event that the
manufacturer were unable to satisfy its warrant
commitments.
NRCA also asks manufacturers if they carry insurance
covering their warranty obligations and, if so, the type
and amount of coverage. The manufacturer’s response
is included as part of the information provided in this
category.
18. Exclusive or additional remedy: Under general
legal principles, unless the warranty document
specifically excludes other warranties and remedies
that may be available to the owner and the owner
agrees to be bound by the warranty terms, the rights
and remedies set forth in the warranty document are in
addition to those warranties, rights, and remedies that
may be available to the owner or other claimant under
state or statutory or common law. In addition to
providing an owner with specific rights, warranty
documents are frequently used as a liability-limiting
device so that the liability of the party issuing the
warranty is limited to what is prescribed in the warranty
document. If the warranty states that it is an exclusive
warranty and is issued in lieu of all other warranties, the
claimant may not be entitled to seek recovery from the
manufacturer based on the breach of any other
warranties, express or implied.
The manufacturer’s warranty may exclude or seek to
exclude the implied and express warranties established
by the Uniform Commercial Code (UCC). The UCC, as
adopted in most states, provides that a warranty is
implied in a contract for the sale of goods and that the
goods shall be merchantable if the seller is a merchant
of goods of that kind. To be merchantable, goods must
be fit as least for the ordinary purposes for which such