This form provides boilerplate contract clauses that disclaim or limit warranties under the contract. Several different language options are included to suit individual needs and circumstances.
Montana Warranty Provisions
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FAQ
Warranty Period means the period of validity of the warranties given by the Supplier commencing at completion of procurement of goods or a part thereof, if separate completion of the procurement of goods for such part has been provided in the Contract, during which the Supplier is responsible for defects with respect ...
In Montana, all residential construction contracts must provide ?an express warranty that is valid for a period of at least 1 year from completion of the construction project.
There is no specific statute of limitations for construction-related claims in Montana. Therefore, the claim is subject to the statute of limitations applicable to the underlying cause of action. The statute of limitations for actions on written contracts is 8 years. MCA § 27-2-202(a).
28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.
The economic loss doctrine bars claimants from pursuing tort damages (economic losses) in lieu of losses for breach of contract.
In contrast, Montana's statute of repose provides that construction defect claims must be brought within ten years of when the improvement is provided while tort claims must be brought within three years of when the claim is discovered.
With a warranty provision, the contractor ?warrants? (or represents) that their work will be conducted in ance with the set standards that were issued in the contract, and otherwise be free of construction defects and stay in line with the design documents.
The Montana Statute of Repose provides that an action to recover damages resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property or resulting from or arising out of land surveying of real property may not be ...