Pavement Warranties

In the past fifteen years the use of pavement warranties has gained more interest in the United States, due in part to the reported European success of warranties in improving the quality of highways. Warranties have been successfully used in the highway industry to protect investments from early failure. The use of warranties in the U.S. is being driven by a variety of factors including the desire for improved pavement performance and internal pressures to reduce field staffing assigned to oversee the construction program.

On August 25, 1995, FHWA published an Interim Final Rule (IFR) for warranties for projects on the NHS, eliminating the restriction on the general use of warranties. The IFR states that "warranty provisions shall be for a specific construction product or feature and routine maintenance items are still not eligible." The IFR also prohibits warranties for items not within the control of contractors. The provisions of the IFR were adopted as a final rule on April 19, 1996. The FHWA's policy for warranties is codified in 23 CFR 635.413.

Approximately 35 states have varying degrees of experience with the use of some form of warranty provisions on Federal-aid highway projects. The use of warranties may be permitted or prohibited by the State's statutes or administrative policies. Several States require the use of warranties, where appropriate. For example, Michigan enrolled Senate Bill 303 of 1997 to include the following provision for development of warranties on State trunk line construction projects: "Of the amounts appropriated for state trunk line projects, the department shall, where possible, secure warranties of not less than 5-year full replacement guarantee for Contracted Construction Work."

In September 2002, a panel of Federal, State, and local government and industry representatives traveled to Spain, Germany, Denmark, Sweden, and Great Britain for a "European Asphalt Pavement Warranties Scan." The findings from this scan are summarized in Asphalt Pavement Warranties - Technology and Practice in Europe.

FHWA is preparing guidance documents and an introductory workshop to provide agencies the information to gain an understanding of pavement warranties. The documents are intended to provide insight on why warranties are used by presenting various considerations that should be addressed in all warranty programs, independent of the source of funding or routes.

A briefing on warranty clauses in Federal-aid highway contracts along with spreadsheet summaries of pavement warranty usage are available in through the FHWA Contract Administration page.

Design and Analysis Materials and Construction Technology Management and Preservation Surface Characteristics Construction and Materials Quality Assurance Environmental Stewardship	Pavement Warranties In the past fifteen years the use of pavement warranties has gained more interest in the United States, due in part to the reported European success of warranties in improving the quality of highways. Warranties have been successfully used in the highway industry to protect investments from early failure. The use of warranties in the U.S. is being driven by a variety of factors including the desire for improved pavement performance and internal pressures to reduce field staffing assigned to oversee the construction program. On August 25, 1995, FHWA published an Interim Final Rule (IFR) for warranties for projects on the NHS, eliminating the restriction on the general use of warranties. The IFR states that "warranty provisions shall be for a specific construction product or feature and routine maintenance items are still not eligible." The IFR also prohibits warranties for items not within the control of contractors. The provisions of the IFR were adopted as a final rule on April 19, 1996. The FHWA's policy for warranties is codified in 23 CFR 635.413. Approximately 35 states have varying degrees of experience with the use of some form of warranty provisions on Federal-aid highway projects. The use of warranties may be permitted or prohibited by the State's statutes or administrative policies. Several States require the use of warranties, where appropriate. For example, Michigan enrolled Senate Bill 303 of 1997 to include the following provision for development of warranties on State trunk line construction projects: "Of the amounts appropriated for state trunk line projects, the department shall, where possible, secure warranties of not less than 5-year full replacement guarantee for Contracted Construction Work." In September 2002, a panel of Federal, State, and local government and industry representatives traveled to Spain, Germany, Denmark, Sweden, and Great Britain for a "European Asphalt Pavement Warranties Scan." The findings from this scan are summarized in Asphalt Pavement Warranties - Technology and Practice in Europe. FHWA is preparing guidance documents and an introductory workshop to provide agencies the information to gain an understanding of pavement warranties. The documents are intended to provide insight on why warranties are used by presenting various considerations that should be addressed in all warranty programs, independent of the source of funding or routes. A briefing on warranty clauses in Federal-aid highway contracts along with spreadsheet summaries of pavement warranty usage are available in through the FHWA Contract Administration page.	Events View all Upcoming Pavements Events More Information Warranties Contact Lee Gallivan Office of Pavement Technology 317-226-7493 E-mail Lee
	This page last modified on 08/20/07

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