Workmanship Warranty: Exclusions to Draft With AI, Then a Solicitor Check

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Coding Liquids tutorial cover featuring Sagnik Bhattacharya for Workmanship Warranty: Exclusions to Draft With AI, Then a Solicitor Check.

A workmanship warranty should say what you will fix, for how long and how a customer claims, then state what it does not cover: normal wear, misuse, damage by others, unmaintained finishes, customer-supplied products and movement you warned about. AI can draft a first version from your facts; a solicitor or lawyer must check it before any customer sees it.

This is not legal advice, and the rules differ from place to place. Many places give consumers rights that a warranty cannot remove, and test how far a contractor may exclude liability, so sweeping exclusions may not hold up. The biggest risk with an AI draft is exactly that: it writes wide, one-sided exclusions that sound firm and may be unenforceable. So settle the exclusions first, set the cover period from your own callback log, and give your solicitor a narrow pack with specific questions rather than a blank page.

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Start with the callbacks you never meant to cover

Before the AI writes a word, settle two decisions from evidence rather than habit: what you will not cover, and for how long you will cover the rest. Your callback log (the list of times you went back to a job after completion) answers both. For each callback, record the months since completion, the cause, and whether it was a defect in your work.

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The firm here is invented: a bathroom-fitting company with six staff, about 120 jobs a year and an average job of $9,500. Last year it logged 14 callbacks, costing about $310 each in labour, materials and travel, or $4,340 in all. Sorting them by timing and cause gives this.

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Months since completionCallbacksOur workmanshipNot our workTypical causes of "not ours"
0 to 3642Cracked tile from an impact; hair blocking a waste
4 to 12422Silicone discolouration; failed cartridge in a tap the customer supplied
13 to 24211Worn sealant at a shower tray edge
After 24202Grout staining; flush valve wear
Total1477

Two numbers matter. First, half the callbacks (7 of 14, about $2,170 a year) were problems the firm never meant to cover, which it fixed for free or argued about. That is the cost of unclear exclusions. Second, a 12-month warranty would have covered the 6 genuine defects that appeared inside a year, costing $1,860 or $15.50 a job; a 24-month warranty covers all 7, costing $2,170 (the same figure as the free visits only because the split happens to be 7 and 7) or about $18.08 a job. The extra year adds $310 across 120 jobs, around $2.58 a job. The log shows no workmanship defects after 24 months, so a longer promise on waterproofing, say, should come from what the membrane supplier will back, not from this sample.

Use the AI as a calculator you can check, and give it the log without customer names. It also helps to ask what the log cannot tell you.

Here is my callback log for the last 12 months (months since completion, cause, ours/not ours, cost): [paste, no customer names].
1. Count callbacks and cost by period: 0-3, 4-12, 13-24, over 24 months.
2. Tell me what a 12-month and a 24-month workmanship warranty would each have cost per year and per job, assuming 120 jobs.
3. List the causes of the "not ours" callbacks, grouped, with counts.
4. State what this sample is too small to tell me. Do not recommend a period.

Rebuild the totals yourself in a spreadsheet; a chat assistant can slip on sums. The answer to item 3 is the starting list for the exclusions in the next section. For a log built to this standard, see logging the cause of every callback and spotting the pattern.

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Twelve exclusions, each in plain words

Industry guidance on warranties keeps returning to the same few exclusions: normal wear, misuse and repairs by someone else. The list below widens that into twelve and gives each one wording a customer can read in a breath. They are drafts for you and your solicitor to test, not clauses to paste. The third column is what to ask: some of these are the very clauses that consumer rules in many places restrict.

ExclusionPlain-English draftWhat the solicitor should check
1. Normal wear and tear"We don't cover the gradual wearing of finishes, including silicone sealant and grout in wet areas."Whether "gradual" and "wet areas" are clear enough to stand up
2. Misuse or neglect"We don't cover damage caused by misuse, or by not following the care sheet we gave you."That the care sheet exists and was actually handed over
3. Impact and accidents"We don't cover damage from impact, accidents or anything dropped or moved against the work."Whether a duty to prove the cause falls on you or the customer
4. Work by others"We don't cover problems caused by changes or repairs made by anyone else without our written agreement."What happens when another trade damages the work during the job itself
5. Existing conditions we recorded"We don't cover problems caused by conditions we noted in writing before starting, such as a damp wall or an uneven floor."That the written note went to the customer before work began
6. Products the customer supplied or chose against our advice"Products you supply carry only the maker's warranty. If you chose a product against our written advice, we cover our fitting but not the product."The line between a defective product and a faulty fit
7. Manufacturer defects"A defect in a product itself is for the manufacturer to put right. We will help you make the claim."That this does not read as a way of avoiding your own fitting responsibility
8. Movement, settlement and weather"We don't cover cracking or movement caused by settlement, flooding or extreme weather."Whether you were obliged to warn about movement risk beforehand
9. Cosmetic variation"We don't cover natural variation in stone or timber, or hairline cracks in grout and paint."Where cosmetic ends and defect begins; give examples
10. Maintenance items"Sealant, filters and similar parts need regular care. We don't cover problems from missing it."That your care sheet says how often, in numbers
11. Indirect loss"We aren't responsible for losses beyond the cost of putting right the defective work."Whether, and how far, this limit is allowed for your customers
12. Claims that are late or cannot be checked"Please tell us in writing within [X] days of noticing a problem, with photos, and let us see it."That the period is fair and does not cut off a customer's other rights

Two further items deserve a solicitor's opinion before you decide: payment conditions (a clause that the warranty applies only once the invoice is paid in full) and transfer to a new owner (whether the warranty passes with the property, and for how long). Neither belongs in a draft until someone qualified has said how it works where you trade.

Wording matters as much as the list. Commentary on exclusion clauses stresses that they should be clear, specific and unambiguous, and that vague or very broad ones risk being treated as unfair. That is why each draft above names the cause ("impact", "settlement") instead of reaching for catch-alls. If you want the same discipline applied to a related document, substrate and warranty clauses in a tile installation contract shows how a trade's own failure modes become wording.

A fact sheet and a prompt that keep the AI honest

Keep the standing facts in a ChatGPT Project or a Claude Project so every draft starts from the same page, and update it whenever your supplier terms change. The sheet is what stops the AI inventing a lifetime promise: it can only be as generous as the facts you give it.

WARRANTY FACT SHEET (illustrative; fill in your own)
Business: [name], a bathroom and kitchen fitting firm, 6 staff, about 120 jobs a year.
Work the warranty covers: our fitting work only: plumbing connections, tiling, sealing, carpentry, waterproofing application.
Period we will honour: [PERIOD] on workmanship. We do not promise any period on products.
Products: the maker's warranty applies; we help the customer claim.
What we do on a valid claim: inspect within [X] working days of a complete claim; repair or replace the defective work at our cost. Water leaks: call [emergency number].
What the customer sends: written notice, photos or video, the date they first noticed it, access.
Common "not ours" causes from our callback log: impact, blocked wastes, sealant wear, customer-supplied products, movement.
Documents we hand over: care sheet, handover photos, this warranty.
[paste the fact sheet]
Draft a workmanship warranty for a customer, starting with the exclusions.
For each exclusion give (a) customer wording in one or two plain sentences and (b) one internal line on why we exclude it.
Do not cite any law, regulation or case. Do not use "lifetime", "any and all", "howsoever", "whatsoever" or "void".
Use [PERIOD] where I have not given a figure. Mark every clause about liability limits, payment conditions, time limits or transfer with [SOLICITOR].
Then the claim steps and the evidence needed. Plain English, about 600 words.

Even with those rules, expect problems, and without them the draft is worse. Here is the kind of exclusions paragraph that comes back when the prompt is loose, and what is wrong with it.

Illustrative AI first draft: This lifetime warranty does not apply to any and all damage howsoever caused by the Customer, third parties or any other cause outside our control, and we shall not be liable for any loss whatsoever arising from the works. The warranty is void if the Customer fails to maintain the installation. All claims must be made within 48 hours.

  • "Lifetime" is invented, and promises more than any supplier backs.
  • "Any and all damage howsoever caused" is a catch-all with no cause named, so it may fail the clear-and-specific test.
  • "Any loss whatsoever" tries to exclude everything, which is the kind of limit a solicitor will often need to narrow.
  • "Void if the Customer fails to maintain" does not say what maintenance means or how often.
  • "Within 48 hours" is a trap for an owner who notices a stain a week later, and looks unreasonable.

After editing: What this warranty does not cover. (1) Normal wear, including the gradual wearing of silicone and grout in wet areas. (2) Damage from impact, misuse or from people other than us, including other trades. (3) Changes or repairs made by anyone else without our written agreement. (4) Cracks or movement from settlement, or from conditions we noted in writing before starting. (5) Products you supplied or chose against our written advice; their own warranty applies. (6) Cosmetic variation, such as natural variation in stone or hairline cracks in grout. [SOLICITOR: indirect loss, time limit and maintenance wording.]

Keep the [SOLICITOR] tags in the version you send, because they tell the reviewer where you were unsure. If you want a longer, plain-English example of the whole process on a different document, drafting a remodelling contract in plain English follows the same pattern of draft, flag and check.

Claim steps and the evidence a customer should send

A warranty that does not say how to claim creates arguments about the process before anyone looks at the problem. Keep the steps short, put the numbers in yourself, and promise only what your office can do in a busy week.

  1. Tell us in writing. Email or the claim form, within [X] days of noticing the problem. A phone call is fine for an emergency leak, followed by the written notice.
  2. Send the evidence (below), so we can usually decide without an extra visit.
  3. We acknowledge within [X] working days and tell you what happens next.
  4. We inspect within [X] working days of a complete claim, and you give us access.
  5. We decide in writing: covered, not covered or needs more information, with the clause we relied on.
  6. If it is covered, we repair or replace the defective work at our cost, and agree a date.
  7. If it is not covered, we explain why and, if you wish, quote for putting it right.

For leaks and anything unsafe, say clearly what the customer should do first: turn off the water supply if they can reach the stop tap, and call the emergency number rather than writing in. The evidence list matters most, because a clear photo set often turns a three-visit dispute into a quick decision.

EvidenceWhy it helps
The date the problem was first noticed, in the customer's wordsShows the claim is in time and when it started
Two or three photos or a short video, wide and close, with something for scaleShows the extent and whether it is one tile or several
Any moisture, staining or drip marks, photographedPoints to the source of a leak
The make and model of anything the customer suppliedSeparates product faults from fitting faults
The handover photos you took at completionGives a before-and-after for the same view
Care-sheet confirmation and any maintenance done sinceSettles the maintenance exclusions fairly
Anything done to the work since completion, by anyoneCatches work by others early

Take the handover photos yourself at completion, before the customer moves back in: each wall, the floor, the waste, under the basin, and every shut-off valve. Add a note of any moisture reading you took. That one habit gives you the evidence the warranty relies on, and the cost is about ten minutes a job. For a related routine on snag lists at handover, see building a snagging report with severity order and AI captions.

Three claims, decided against the warranty

A written decision with reasons is the best protection a warranty gives you, and it is where AI helps most when it is used for sorting rather than ruling. Here are three illustrative claims against the draft above, with the decision a careful office might reach.

ClaimEvidence in handDecisionReason
A: "Silicone along the bath has gone black, 14 months on."One photo; no care-sheet recordNot coveredGradual wear and cosmetic discolouration (exclusions 1 and 10). Offer a paid re-seal. If the silicone had lifted and peeled within weeks, the answer would change.
B: "A floor tile cracked at 5 months."Two photos; customer says nothing was droppedNeeds inspectionA crack across one tile can be an impact; cracks that run across several tiles point to movement or the base. Check the survey notes for any written warning about the floor.
C: "Water stain under the basin at 7 months."Photo, make of a customer-supplied tapNeeds inspection, within daysIf the leak is at our connection it is covered; if the tap cartridge has failed, it is the maker's warranty and we help with the claim.

For claim A, a short reply that refers to the clause is enough: "Thanks for the photo, [first name]. Silicone in wet areas wears and darkens over time, and our warranty does not cover that kind of wear (clause 1). We can re-seal the bath for $[price] if you'd like it done. If the sealant had come away from the edge, that would be a different matter, and I'd want to see it." The AI can sort a claim before you write it, provided you tell it to quote the warranty and decide nothing.

Using ONLY the warranty text below, sort this claim into COVERED, NOT COVERED or NEEDS INSPECTION.
Quote the clause numbers you relied on. List the evidence still missing. If the text is silent or unclear, say so; do not fill the gap.
A person will make the decision. Warranty text: [paste]. Claim: [paste, no names].

A typical first answer handles A and C well and calls B "NOT COVERED" because the customer did not mention an impact. That is wrong in kind: absence of a mention is not evidence, so B should be inspected. When you see that pattern, add a line to the prompt: "Do not treat missing information as a reason to decline." The wider triage routine, with a log and response times, is in handling warranty claims faster with AI triage.

The solicitor-check pack: what to send and what to ask

A solicitor's time is cheapest when the job is narrow. Send a short pack, ask for a fixed fee if they will give one, and ask them to mark every change so you can see what was wrong with the draft. Seven items make a good pack.

  1. The draft warranty with the [SOLICITOR] tags still in it.
  2. Your standard quote terms or contract, because the two documents must not contradict each other.
  3. A one-page list of the jobs you do and the customers you serve (homes, landlords, businesses).
  4. The callback log summary and the exclusions list it produced.
  5. The warranty documents for your main products and any supplier terms that affect you.
  6. Your insurance policy summary, or the wording on what it covers.
  7. The care sheet and the handover checklist you give customers.

Then the questions. Send these with the pack so the answers come back in writing.

  • Does this warranty sit alongside the customer's legal rights without appearing to replace them?
  • Which exclusions might be restricted or unenforceable for consumer customers, and how should I reword them?
  • Is the limit on indirect loss acceptable, and if not, what is?
  • Are the notice period and the evidence conditions fair, and should either be longer?
  • Is the cover period consistent with my contract and with any time limits on claims that apply to me?
  • Does anything I promise go beyond what my insurance covers?
  • Does anything contradict a manufacturer's or supplier's warranty?
  • Should the warranty pass to a new owner, and on what terms?
  • Does the customer need to sign it, and how do I prove it was delivered?
  • Do I need separate wording for business customers?
  • Which words should I avoid (for example "guarantee", "lifetime" or "all defects")?
  • Is there anything missing that a document like this normally contains where I trade?

The sixth question catches a gap that AI drafts often miss. A warranty that promises more than your insurer will pay for turns a defect into an uninsured cost. Ask your broker the same question at the same time; it is a five-minute call.

Cover note, illustrative: Hello [name], please review the attached workmanship warranty for a six-person bathroom fitting firm that serves home and landlord customers. A first draft was produced with an AI assistant from our callback log and marked [SOLICITOR] where we were unsure. Our quote terms, product warranties, insurance summary and care sheet are attached. Please mark your changes, explain each in a line, and answer the twelve questions below. Is a fixed fee possible for this review?

Be wary of one thing in the reply: if the solicitor says "this is fine" with no changes, ask what they checked. A document of this kind will usually need at least a few edits, and a clean pass is worth a second look at what was reviewed.

Handover: the warranty only works if the customer has it

Deliver the warranty with the final invoice and the care sheet, not months later when a claim arrives. Use a handover sheet with three lines the customer signs or confirms by email: "I have received the warranty, the care sheet and the handover photos." Store a copy with the job record and note the version number, so you can tell which wording applied to which job after you update it.

The care sheet carries more weight than people expect, because two of the exclusions (misuse and maintenance) point to it. Ask the AI to draft one from your own advice, in plain words, one page per job type, with frequencies in numbers. Tell it to defer to the product maker's instructions wherever they differ.

Write a one-page care sheet for a customer after a bathroom refit, from this advice: [paste your own advice].
Plain English, short sentences, about 200 words. Give frequencies as numbers (for example "check the sealant every 12 months"). Add: "Follow the product maker's instructions where they differ from this sheet."
Do not add advice that is not in my notes. Do not promise how long anything lasts.

The last line is there because the AI's habit is to add helpful tips, and a tip such as "silicone lasts five years" becomes a promise a customer will quote back to you.

The promise that was bigger than the supplier's

A realistic mistake shows why the pack asks for product warranties. Imagine the firm's first AI draft promised "10 years on all sealed joints" because a template said so. The silicone it used carries a much shorter manufacturer warranty, and the waterproofing membrane has its own conditions about who must apply it. Two years later a customer claims for a failed joint. The firm either pays for what the supplier would never cover, or declines and contradicts its own document. Neither is good.

The check is simple and belongs in your routine: for every period you offer, find the matching supplier warranty and write the shorter of the two next to it. If you want to promise longer, ask the supplier whether they will back you in writing, or price the extra cover as your own risk. The AI can lay out the comparison table for you if you give it the supplier terms, and this is a good use of it, as long as you read the terms yourself first.

A yearly review so the warranty stays true

Once a year, with the callback log, check four things. Did the log show a new cause that deserves an exclusion, or an old exclusion that never came up? Did any claim turn into an argument about the wording? Did a supplier change its terms? Did your insurance change? Update the fact sheet, regenerate the draft, flag the changes for your solicitor and keep the old version with its dates.

The finished warranty should read as plain as the customer's own words: what we fix, for how long, what we do not cover and why, how to claim, what we need from you, and what we will say back. When the drafting is done by AI and the checking by a solicitor, your own contribution is the part neither can supply, which is knowing what your work does after it leaves your hands and what you are willing to stand behind.

Questions contractors ask about workmanship warranties

How long should a workmanship warranty last?

There is no standard answer. Look at when your own callbacks arrive, what your suppliers' warranties cover and what your solicitor says about local rules, then choose a period you are happy to honour on every job. Price it from your callback log, as the worked example shows, rather than copying a competitor's headline.

Does my warranty replace the manufacturer's warranty?

No. They cover different things. Yours covers your installation work; the manufacturer's covers the product. Say so in the document, say which applies to which kind of problem, and offer to help the customer claim on the product. Never promise a longer life than the product maker does.

Can I exclude everything the customer might cause?

Not safely. Sweeping wording such as 'any damage howsoever caused' is the kind of term that may not hold up, particularly with consumers in many places. List specific causes in plain words, such as impact, misuse and repairs by others, and let your solicitor test each one.

Does the customer have to sign the warranty?

Ask your solicitor, because it depends on where you trade and who your customers are. At minimum, hand it over in writing at completion and keep proof that you did: a signed handover sheet, or an email with a read receipt. A warranty the customer never received is hard to rely on.

Further reads

Sources: published commentary from law firms and industry guides on exclusion clauses and typical warranty exclusions (checked November 2026). The firm, callback log, costs and claims in the examples are illustrative. This is not legal advice.

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