Poly sand clause/Warranty?

Discussion in 'Hardscaping' started by Steiner, Aug 12, 2014.

  1. Steiner

    Steiner LawnSite Senior Member
    Posts: 408

    Anyone have any verb ages in their contract about polysand?

    Here is what I use on my hardscaping contracts to cover polysand:

    • A 1-year warranty against defects in materials and workmanship on any Polymeric sand work is included. The contractor will remediate the issue, replace or repair damaged items, or provide a similar replacement, to the satisfaction of both parties at no cost to the homeowner during the 1 year period. The period of 1 years will start upon the day of completion. Major natural events and acts of God will not be covered. Weeds, sand loss due to insects, and improper drainage of pavement will not be covered.
     
  2. xtreem3d

    xtreem3d LawnSite Senior Member
    Posts: 801

    Have you had a call back for such an issue ? I'm saying this politely , not being a jerk and I don't do residential, but I wouldn't think that wouldn't be a big problem and maybe your "micro managing" your contract. In other words , could even having that clause in there invite callbacks?
     
  3. Steiner

    Steiner LawnSite Senior Member
    Posts: 408

    I don't usually use it in my everyday hardscape contract, no.

    But I am going to poly and resend a patio that was finished by another who had major joint failure issues. Looks like improper install, but I just want to cover myself incase it is simply a customer who can't be made happy if you get my drift.

    Maybe Andrew can chime in, I know he isn't a big fan of poly but maybe he can add some wisdom here. I might be the only one on the board who actually takes his advice.

    DVS where are you?

    -Chris
     
  4. RedSox4Life

    RedSox4Life LawnSite Bronze Member
    from Mass
    Posts: 1,467

    "Improper drainage of pavement". If you're the original installer than that's your mistake, why wouldn't you be responsible for fixing it?

    If you're not the installer, just coming in later to resand then it seems unnecessary .
     
  5. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,412

    Warranty -

    Labor.

    Product.

    Two different things.

    First off, I'll say this:
    You need to be careful with making mention of warranty In regards to the product. Warranty involving the product is primarily between the manufacturer and the property owner.

    It's like if you buy a new GM fuel pump from a Chevy dealer - the dealer is not responsible for replacing the new pump if it's defective. Now of course the dealer will usually see to it that you get a new pump, but if the manufacturer says "we won't warranty that", then there is nothing the dealer can do. And the original sales invoice usually will have fine print stating this.

    Maybe later tonight or tomorrow I can share some sentences about product warranty.

    And labor - that's a whole different story.

    I don't recommend making mention of specifically warranting poly sand installation. As people will be calling you if they see the tinniest thing wrong. I recommend you make only one blanket statement for your whole job. Something like "Installation workmanship is warrantied for 12 months".

    And never warranty grass seeding or sod installation. Never.
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    Last edited: Aug 12, 2014
  6. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,412

    Here you go (for materials). Again, you do not want to state in your proposal/contract that you/your company warranties any materials. Say the manufacturer goes out of business, and you state in your contract that there is a 1 yr warranty for the pavers.....guess who will be responsible for replacing those pavers :)

    Now trees, shrubs, perennials - different story. As the contractor is usually who furnishes the warranty.

    The only warranties applying to any material(s) are those which may be offered by the manufacturer. Client shall not be entitled to recover from selling contractor any consequential damages, damages to property, damage for loss of use, loss of time, loss of profits or income, or any other incidental damages. Selling contractor reserves/retains a security interest in the above described materials to secure the unpaid purchase price of said property.

    Do not offer ANY warranty for work initially done by others. So if I built the patio and you come I two yrs later and apply poly sand - do not offer a warranty on that polysanding, as our work may be defective.

    Do not warranty grass seed applications. Or sod. Did the doctor that delivered you into this world offer your parents a warranty? We hardscape/landscape guys are nothing but delivery doctors of seed and sod, it's up to the customer (the newborn parents) to feed and nurture the seed or sod (the newborn).
     
    Last edited: Aug 13, 2014
  7. knox gsl

    knox gsl LawnSite Platinum Member
    Posts: 4,940

    Inbetween all the the chest thumping and self applied pats on the back that is a great way to say we aren't covering that.
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  8. Steiner

    Steiner LawnSite Senior Member
    Posts: 408

    I like that DVS shares his clauses, not only do they protect you but I also go over them with a customer before they sign so it acts as a communication vehicle, getting everyone on the same page. Thanks DVS.
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  9. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,835

    We do not warranty poly sand. Our contract states, "Polymeric or regular sand in joints of paver products is specifically not warrantied."

    However, that being said, I will re-apply polysand sometimes, if it's a really good ongoing customer and/or they've hired us for another big project on their property. If we're already there, it doesn't cost me too much to throw down a few more bags to fill whatever has receded. Usually it's not much.
     
  10. Steiner

    Steiner LawnSite Senior Member
    Posts: 408

    Jim: how do you deal with all the rain where you are and polysand? Any special tricks or just wait till the pavers are bone dry? I have been having a hard time this summer with all the rain were getting finding a window. Ever use any tarps or fans to dry an area? Thinking about renting a few for this job.
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