Legal Environment for Warranty Contracting

Abstract

Due to the public expectation of better road performance accompanied by economic development and population growth over the past decades, state highway agencies have been under intense pressure for continuous improvement in the quality and cost efficiency of transportation projects. To meet these challenges, state highway agencies must seek innovative approaches to deliver highway projects, including outsourcing some of the agency’s functions and shifting maintenance responsibilities to contractors. Many states have implemented alternative contracting methods in project programming and execution to provide lasting and functional roadways at the optimum life-cycle cost to the public. The performance warranty is one of the innovative practices that has been declared operational by the Federal Highway Administration since 1996. Use of warranties in some states has required changes to state legislation and agency regulations. This paper discusses the laws and regulations needed to successfully incorporate performance warranties into current contracting practices and avoid litigation. The state of Alabama is used as an example of a state considering the use of performance warranties. Proposals for laws and regulations will be outlined.