What is the difference between a guarantee and a warranty in construction?

A guarantee and a warranty are both legally binding contracts related to construction in California, but there are key differences between the two. A guarantee is an assurance that a product or service will meet certain standards and will be free from defects. A guarantee typically comes from the manufacturer, so in the context of construction this could be someone selling materials and equipment. This guarantee ensures that the material purchased is of a certain quality and is fit for purpose. A warranty, on the other hand, is a promise given by the contractor, who is usually responsible for the construction of the project. A warranty is a contractual agreement between the contractor and the owner of a construction project that ensures that the contractor will repair any deficiencies that may arise during a certain period of time. This could mean the contractor will fix any problems or defects in their workmanship, materials, or products that are already installed in the project. Both a guarantee and a warranty are legally binding contracts and any infringement of either can result in legal action. Generally, a guarantee is used for ensuring the quality and performance of a product, while a warranty is used for ensuring that the construction is to a set standard.

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