{"id":74,"date":"2025-04-29T12:00:29","date_gmt":"2025-04-29T17:00:29","guid":{"rendered":"https:\/\/johnsonroofers.com\/articles\/?p=74"},"modified":"2025-04-15T15:28:07","modified_gmt":"2025-04-15T20:28:07","slug":"what-commercial-building-owners-need-to-know-about-the-warranty-of-workmanlike-performance","status":"publish","type":"post","link":"https:\/\/johnsonroofers.com\/articles\/2025\/04\/what-commercial-building-owners-need-to-know-about-the-warranty-of-workmanlike-performance\/","title":{"rendered":"What Commercial Building Owners Need to Know About the Warranty of Workmanlike Performance"},"content":{"rendered":"
As a commercial building owner in Omaha, Nebraska, your property is a major investment, and storm damage can be a costly setback. Whether it\u2019s hail battering your flat roof or wind tearing at membranes, hiring a reliable commercial roofing contractor<\/strong> is critical. But beyond skills and price, there\u2019s a legal term you need to understand: the warranty of workmanlike performance<\/strong>. This implied promise in every roofing contract can affect your storm damage repair in Nebraska<\/strong>. At Johnson Restoration<\/a>, we\u2019ve handled countless commercial roof repairs and restoration projects<\/strong>, and we\u2019re here to explain what this warranty means for you, so you can sign contracts with confidence.<\/p>\n
Understanding the Warranty of Workmanlike Performance<\/h6>\n

The warranty of workmanlike performance is a legal rule that says any roofing contractor in Omaha<\/strong> must perform repairs or installations with the skill and care expected of a competent professional. Even if it\u2019s not written in your contract\u2014it\u2019s automatically included by law to ensure quality work. As Timothy Davis explains, this warranty acts like a \u201cgap-filler,\u201d setting a standard when contracts don\u2019t specify how work should be done (The Illusive Warranty of Workmanlike Performance<\/em>, 72 Neb. L. Rev. 981, 996, 1993). For your commercial property, it means your contractor must fix that hail-damaged roof or leaking membrane properly, or they could be liable for shoddy work.<\/p>\n

Why does this matter? If a contractor botches a commercial roof repair in Omaha<\/strong>, leaving leaks that damage your inventory, this warranty lets you hold them accountable. In Somerby v. Tappan<\/em> (1833 Ohio 229), an early case, a contractor was liable for a poorly built chimney because he failed to meet this standard. Today, it protects you from subpar repairs that could cost thousands.<\/p>\n

Contract vs. Tort: What\u2019s at Stake?<\/h6>\n

The tricky part is whether a breach of this warranty leads to a contract dispute or a tort (negligence) claim\u2014it makes a difference for your rights and remedies. If your contractor\u2019s sloppy work only damages the roof itself (say, a poorly sealed membrane), it\u2019s usually a contract issue, meaning you can demand repairs or a refund. But if their mistake causes broader harm\u2014like water ruining your office equipment\u2014you might have a tort claim for negligence, opening up bigger damages. Perhaps more important is what insurance may or may not be available among these competing theories. Generally speaking, a typical commercial general liability policy does not provide benefits for defective work. Instead, a CGL policy would likely only cover consequential damages – that is, coverage for liability stemming as a result of defective work rather than the work itself.<\/p>\n

Courts don\u2019t always agree on this. In Cline v. Sawyer<\/em> (600 P.2d 725, Wyo. 1979), Wyoming allowed both contract and tort claims, but only if damage extended beyond the repaired item. Nebraska courts often lean toward contract claims for storm damage roof repair<\/strong>, unless there\u2019s clear harm to other property. This distinction matters because tort claims might let you recover more, but they\u2019re harder to prove. A solid contract with clear terms can keep things simpler, avoiding legal gray areas.<\/p>\n

Protecting Your Commercial Property<\/h6>\n

So, how do you use this warranty to safeguard your building during commercial roofing repair in Nebraska<\/strong>? Here are key tips:<\/p>\n