Construction Program Guide

Warranties

Warranties have been successfully used, in other countries and by some States on non-Federal projects, to protect investments from early failure. Prior to 1991, the FHWA had a longstanding policy that restricts the use of warranties on Federal-aid projects to electrical and mechanical equipment. The rationale for the restriction was that such contract requirements may indirectly result in Federal-aid funds participating in maintenance costs, and the use of Federal-aid funds for routine maintenance is prohibited by law. However, the Agency utilized the public notice / public comment process to develop and implement a rule making for warranties in 1995.

The regulation applies to projects on the National Highway System. Contracting agencies may use their own warranty procedures on non-National Highway System projects.

Authority/Legal Basis

1. Laws

   • Title 23 U.S.C. 116 indicates that that it is the State DOT's responsibility to provide for maintenance of a project built with Federal-aid funds.
   • On this basis, FHWA's policy does not allow Federal-aid participation in routine maintenance (operations such as: snow removal, graffiti removal, grass cutting, etc.); however, paragraph (d) of Section 116 provides the authority for Federal-aid participation in preventive maintenance costs. Thus by statute, routine maintenance can be included in warranty provisions.

2. Regulations

   • Title 23 C.F.R. 635.413 - Guaranty and warranty clauses

3. Orders

   • None

4. Policy

   • The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance on the use of warranties.

   • Policy Memoranda

     • None

Guidance

1. General Information

   • Pavement Warranties
   • FHWA FOCUS article - "Pavement Warranties Yield Innovation, Quality"
   • FHWA FOCUS article - "Pavement Warranties: Learning from the European Experience"

2. Training

   • None