# Cold Weather Disclaimer/Release



## akrause (May 18, 2010)

Anyone ever successfully had a client agree to releasing them from warranty because of time line vs. cold weather? We've got an outdoor concert pavilion who's owners are becoming nervous about the new construction being audience-ready by opening day mid-May. The problem is the product we're using requires a surface temp not less than 50° and it's 28° here in MD this morning with a high of 54° for like 4 hours later this afternoon. 
Here's where we are today: I explained via email about the temp requirements and limitations of the product and told them if they sign a cold weather release, we'll do the work. I also informed them that there are products available for cold weather steel, but they carry a much higher material cost which would, of course; be a change order. I haven't heard back yet but I'm highly doubtful they'll release us from warranty.
Back to the original question: (a) Anyone been in this or similar situation before and if so, how did you resolve it? ....and (b) Anyone care to share a sample template of a cold weather release if you have one ? I can always whip something up myself, but may not think of something important to include.

Thanks


----------



## RH (Sep 7, 2010)

Never been in that situation but I think you are extremely wise to protect yourself from your clients’ over eagerness concerning “their” timeline.


----------



## Gracobucks (May 29, 2011)

99% of the times when I ask them to sign off on the warranty they change their mind and wait until warmer weather. If they don't, my guys carry around a form that we use for situations like this. They write down the problem add no warranty and get the client or go to sign off on it. They also just it for bad taping.


----------



## Wildbill7145 (Apr 30, 2014)

I stay away from that kind of situation. Just don't want my name attached to it if it does fail regardless of any waiver they signed off on. Nobody is gonna care about that paper when they're looking at paint failure down the road and they find out you're the one that caused it.


I've got people already asking me to get started doing all sorts of exterior stuff and there's still massive piles of snow all over the place. Not gonna happen.


----------



## kmp (Jan 30, 2011)

I put a line on my commercial proposals that says, " will not tent or provide heat" at interior or exterior. Residential jobs it is just a verbal agreement that weather must be good according to me not just because it is 60 degrees at noon.


----------



## Brushman4 (Oct 18, 2014)

akrause said:


> Anyone ever successfully had a client agree to releasing them from warranty because of time line vs. cold weather? We've got an outdoor concert pavilion who's owners are becoming nervous about the new construction being audience-ready by opening day mid-May. The problem is the product we're using requires a surface temp not less than 50° and it's 28° here in MD this morning with a high of 54° for like 4 hours later this afternoon.
> Here's where we are today: I explained via email about the temp requirements and limitations of the product and told them if they sign a cold weather release, we'll do the work. I also informed them that there are products available for cold weather steel, but they carry a much higher material cost which would, of course; be a change order. I haven't heard back yet but I'm highly doubtful they'll release us from warranty.
> Back to the original question: (a) Anyone been in this or similar situation before and if so, how did you resolve it? ....and (b) Anyone care to share a sample template of a cold weather release if you have one ? I can always whip something up myself, but may not think of something important to include.
> 
> Thanks


All sports venues, attractions that are in areas that have a winter just have to deal with work being done when it's too cold.
I've worked for contractors that have had the maintenance for Wrigley Field, Sox Park, Six Flags Great America, Arlington Park Race Track and Ravinia.

These all have a limited time to get new construction and maintenance done before their seasons start. They usually tent off areas and have torpedo or salamanders to try to keep the work areas above freezing. I've never heard of any problems these PC's I worked for had with warranty problems from these venues. Things have to get done before opening day, come hell or high water.


----------



## Gracobucks (May 29, 2011)

Wildbill7145 said:


> I stay away from that kind of situation. Just don't want my name attached to it if it does fail regardless of any waiver they signed off on. Nobody is gonna care about that paper when they're looking at paint failure down the road and they find out you're the one that caused it.
> 
> 
> I've got people already asking me to get started doing all sorts of exterior stuff and there's still massive piles of snow all over the place. Not gonna happen.


I agree with you WildBill, I don't like having my name attached to it either, unfortunately commercial work has deadlines and maybe penalties for not being finished. 

I won't paint something that I know will fail for sure but I will paint things that may have a chance not failing but only after they sign off the warranty. I just had a situation like this last week, a cannabis store we painted has a exterior door in their retail area. Looked out of place for their grand opening. The general built and small tent and put a space Heater in there. He left the heater going for a couple of hours after painting. They signed off on the warranty and I think it should be OK.


----------

