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Warranties
 Moderated by: Baldoni, artfem  
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Adam
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Joined: Sat Sep 16th, 2006
Location: Ridgetown, Ontario Canada
Posts: 78
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 Fri Mar 21st, 2008 04:26 am
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I was wondering if anyone has ever been asked to provide a warranty with their work.  If so, what kind of stipulations do you have in the warranty. Is there a general standard that a lot of studios go by. If this topic has been discussed already , please guide me to it. If not, thank you for your time and responses in advance.

Adam Frazee

 

Last edited on Fri Mar 21st, 2008 04:32 pm by Adam

mmezalick
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Joined: Wed Sep 6th, 2006
Location: Philadelphia, Pennsylvania USA
Posts: 492
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 Posted: Fri Mar 21st, 2008 09:54 am
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Adam,

In most cases that we deal with, the church requires that we give a 10 year warranty on workmanship. Some Architects are pushing for a longer time on all item we supply including IG Units. I do know of one large studio here in the northeast that only gives a one year warranty and on one project, the work is falling apart after two years. Yes, literally falling apart. We have shown this to the church officials and they doubt they can do anything about it. So sad.

There is a new AIA document ( A401-2007) that in essence passes all the responsibility down to the subcontractor. If the Architect makes a mistake, it is your fault. If the General Contractor makes a mistake, it is  still your fault.

It is very important that studios realize what they may be stepping into when accepting projects that involve architects and / or General Contractors. We prefer to deal directly with the owner if at all possible.

Michael

 

Last edited on Fri Mar 21st, 2008 09:55 am by mmezalick

Roy Coomber
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 Fri Mar 21st, 2008 11:57 am
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Regarding warranties for work, material suppliers, glaziers, builders and others such as glass paint manufacturers will only reluctantly suggest a guarantee of a maximum of 10 years subject to their product is properly kiln fired and is not accidentally or deliberately effected by external forces or wrong use.  
 
I doubt if any kind of work can be guaranteed for longer although of course we like to think it will last as long at the Medieval stained glass.
 
Roy Coomber

Last edited on Fri Mar 21st, 2008 11:58 am by Roy Coomber

joseph2bears
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Joined: Tue Dec 26th, 2006
Location: Lomita, California USA
Posts: 18
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 Posted: Fri Mar 21st, 2008 03:59 pm
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Hi Adam.  All of my work has been residential, not architectural or public, so I have a great deal of 'control' in working directly with clients.  My standard commission contract contains the following warranty clause:

Artist’s Representations and Warranties: The Artist represents and warrants to Client that the fabrication of the Commissioned Work will be in a workmanlike manner and that the Commissioned Work will be free of defects in workmanship or materials, including inherent vice, and that the Artist will, at the Artist’s own expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of ten (10) years from the date the Commissioned Work is delivered to Client.  “Inherent vice” refers to a quality within the material or materials that comprise the Commissioned Work which, either alone or in combination, results in the tendency of the Commissioned Work to destroy itself. 

 

The Artist represents and warrants to the Client that the Commissioned Work will not require maintenance beyond occasional cleaning with any commercially available glass cleaner. 

 

The Artist represents and warrants to the Client that the Commissioned Work is solely the result of the artistic efforts of the Artist, and that it will be delivered free and clear of any liens, claims or other encumbrances of any type or source whatsoever. 

 

The Artist represents and warrants to the Client that the Commissioned Work is original and does not infringe upon any copyright.  The Artist reserves the right to execute an exact copy of this work, or to execute a similar work, or to execute a work containing similarities or copies of elements of this work. 

 

In thinking about this further, I should probably add a clause limiting liability for installation by a contractor .   

 

In the case of a triple-glazed panel, which I actively discourage, I would add a clause limiting liability to no more than 5 years, but would probably start at 2 years in the standard clause and be willing to negotiate to no more than 5 with additional limitations on installation by a contractor.  Triple-glazed art panels have support requirements beyond normal IG unit installations which glazing contractors are not trained for.  IG seals WILL fail and a 5-year warranty on the seals is the industry norm for double-glazed panels.  According to the IGMA water trapped under the seals is the number 1 cause of failure, so proper installation of an IG unit is critical.  In the case of triple-glazed art panels there is the potential for shear failures of the seal if it is not supported with additional setting blocks across the span.  Normal installation training of setting blocks at the quarter points is not sufficient.  You cannot depend on the adhesive strength of the sealants to support the weight of the art panel. 

 

Following an IG seal failure, extraction of the art panel to re-encapsulate it is not a pretty picture.  It is very difficult and very labor intensive.  The damage potential is high.  For the "dretch" it is often cheaper and quicker to build a new art panel and just discard the old. 

 

According to IGMA failure data, 17 years is the average length to seal failure on double-glazed IG units.  The fact that the seals will fail, coupled with the nightmares of repair,  are very good reasons for a limited warranty if you are forced into this type of construction.  It is why I discourage the practice, in spite of the fact that I teach a workshop in how to do it correctly. 

 

There are exceptions for safety and cleaning where the tradeoffs may be acceptable, and then there are the ill-informed building codes in some countries where you don't have a choice.  But I still think the best practice is installation of the art panel behind an existing double-glazed IG unit where thermal insulation is required. 

 

--Joseph 2bears


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