National Roofing Legal Resource Center

Contract provision addresses when a roofing contractor is required to use a certain manufacturer's materials or product

If a roofing contractor is required to use a specific roofing manufacturer's materials or product, the roofing contractor may want to include the provided language in the contract to limit the contractor's liability. When the roofing contractor is unfamiliar with or has reservations concerning the required materials or product, it may want to clearly disclaim liability for the performance and quality of the materials and any representations the manufacturer may have made regarding the materials or product. The roofing contractor still would be responsible to install the materials in a good and workmanlike manner and in accordance with the applicable specifications. The roofing contractor also may want to execute an indemnification agreement with the manufacturer or supplier.

Requirement to use a certain manufacturer's materials or specific product: Roofing contractor has been required by [insert name of party who is requiring roofing contractor to use certain materials] to use a [insert name of manufacturer whose materials roofing contractor is required to use]'s materials or product on this job. Roofing contractor is liable only for its workmanship in installing the prescribed material. Roofing contractor is not liable for defects or deficiencies in the required materials or product or performance of the materials or product, and roofing contractor makes no warranties or representations regarding the materials or product. [Insert name of party who is requiring roofing contractor to use certain materials] agrees to indemnify and hold roofing contractor harmless from any claim, loss or expense because of [insert name of party who is requiring roofing contractor to use certain materials]'s requirement that roofing contractor use [insert name of manufacturer] materials, including [insert name of manufacturer whose materials roofing contractor is required to use]'s failure to supply materials in accordance with the project schedule and requirements.


4/23/2019



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