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.
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