Hirschfeld Steel Co. v. Kellogg Brown & Root, Inc.
201 S.W.3d 272 | Texas Court of Appeals, 14th District (Houston) | 2006
What This Case Means for Subcontractors
Hirschfeld Steel, a subcontractor on Minute Maid Park's retractable roof, sued to void its ten-year warranty, claiming that performing a written maintenance program was a condition required before the warranty took effect. The Texas Court of Appeals ruled against Hirschfeld, holding that the warranty obligation exists regardless of whether the maintenance program is performed. This means subcontractors cannot escape warranty obligations by arguing that a maintenance plan wasn't followed, even if the contract mentions one.
Key Takeaways
- •Don't assume a maintenance program is a condition precedent to your warranty unless the contract explicitly states it in unambiguous language
- •Courts will enforce warranty obligations independently from maintenance obligations—performing maintenance won't eliminate your warranty liability
- •If you want maintenance performance to actually limit or void your warranty, get crystal-clear contract language that says so upfront
Performance of the written maintenance plan is not a condition precedent to the existence of Hirschfeld's ten-year warranty.
Frequently Asked Question
Can I avoid my warranty obligation if the owner doesn't follow the maintenance program I provided?
No, according to this Texas case. A maintenance program is separate from your warranty obligation. Unless your contract explicitly and clearly states that maintenance performance is required for the warranty to exist, courts will enforce your warranty regardless. Make sure any maintenance-related conditions are spelled out in unambiguous contract language.