Long-Term Warranties

To guarantee quality of work, some states authorize or require long-term agreements or warranties with contractors, builders or others involved in transportation projects. These warranties are intended to increase the quality and longevity of transportation construction projects because they encourage private contractors and builders to create better products or risk fines and penalties. Because they create an incentive for better work, long-term warranties also can reduce the necessity for state and local inspections and oversight. Long-term warranties have been used in several states, including Illinois, Indiana, Kansas, Louisiana, Michigan, New Mexico, Ohio, Tennessee, Texas, Utah, Washington and Wisconsin.31  Louisiana, for example, which requires that, " ... every contract for the construction of or improvements to highways shall include a warranty by the contractor as to the quality of materials and workmanship for a duration of three years."32 Kansas statutes require that a contractor shall guarantee to maintain and repair any curbing, guttering or paving performed on any street or alley for a time deemed proper by the state governing body.33