Regular maintenance
As is well known, blue roofs are specifically designed to hold water. For blue roofs, regular and proper maintenance is very important. In fact, a roof used for water storage requires very different maintenance than a traditional roof. For example, frost is a major risk due to the permanent water storage on the roof. Expansion of the water due to freezing can damage parts of the roof.
Permanent water on a roof also causes algae growth, making the roof and especially the drains more prone to fouling and clogging, possibly resulting in leaks. Also, the design of blue roofs frequently uses wearing mechanical components and/or software to regulate water drainage. The software used can malfunction and must be updated regularly. A package of maintenance measures tailored to the specific blue roof is therefore necessary.
Required maintenance performed after completion?
After completion, by law, a roof is for the client's account and risk. Under the main rule, the contractor is not liable from then on unless there is (in short) a hidden or serious defect. The question of whether the required maintenance has been performed often arises when a client, sometimes years after completion, reports a complaint about the roof.
The contractor often believes that the roof was not properly and regularly maintained and that is why the complaints arose or worsened. A client will usually argue that the roof was not good from the beginning.
Provide maintenance instructions
Because specific maintenance is required to keep a blue roof in good condition, it is especially important for a roofer to inform clients about the necessary maintenance activities. After all, proper maintenance reduces the likelihood of complaints developing.
However, many clients, including large professional parties, are not yet familiar with blue roofs and lack the knowledge to properly maintain such a roof or have it maintained. Therefore, always provide as detailed maintenance instructions as possible upon delivery of a blue roof that at least cover it:
- What maintenance work needs to be done;
- How this should be done; and
- how often.
Maintenance instructions must be written in a clear and understandable way. It makes a difference for whom the maintenance instructions are intended. Less knowledge and skill is assumed with a consumer client than with a professional client.
Importance of providing maintenance instructions
Providing maintenance instructions is also relevant in view of possible legal proceedings. As a roofer, you are in a stronger position in legal proceedings if you can prove that you have issued maintenance instructions that have not been followed. This can be done, for example, by having the client sign for receipt upon issue. If it is established that a complaint has arisen due to faulty maintenance even though this maintenance was prescribed by the roofer, the client may be obliged to resolve a complaint himself.
This was also the case in a case before the Board of Arbitration in construction disputes where arbitrators found upon viewing the roof that there was visible overdue maintenance of the roof in general. Nor had the client been able to prove, for example with invoices, that any (paid) maintenance had been performed. As a result of the observed overdue maintenance, it was ruled that the contractor was not liable for the defects in the roof.
Maintenance instructions part of mandatory completion file
We previously informed you about the Building Quality Assurance Act and its consequences for roofers. Providing a completion file is one of the obligations a contractor will soon have under the Quality Assurance Act. The completion file must contain at least the following documents:
- Drawings and calculations of the erected structure and associated installations;
- a description of the materials and installations used, as well as the uses of the structure;
- data and records necessary for use and maintenance of the structure.
Because this definition is general, in practice there is still uncertainty about the exact content of the completion file. Because a large amount of drawings, calculations and other documents are usually produced for a construction project, it is desirable for contractors to be clearer about exactly which drawings and calculations must be provided. What is certain is that according to the legislator, use and maintenance instructions are an essential (and mandatory) part of the completion file. This is another argument for checking whether your company has its maintenance regulations in order.
Incidentally, the obligation to provide a completion file applies not only toward the client but also in the subcontractor-main contractor relationship.
Although the obligation to provide a completion file is of regulatory nature (meaning that contracts may make other arrangements), it is and will continue to be prudent to think about providing blue roof maintenance instructions in advance.
Tips for the roofer
- In new construction contracts after the Quality Assurance Act comes into effect (hopefully Jan. 1, 2024), make agreements on whether or not to provide a completion file;
- If a completion file is provided, carefully consider which documents will be part of the completion file and put this in writing. Since the new law provides too little clarity on this point, it is advisable in this way to limit any discussions about the contents of the file.
- Record agreements on the completion file in agreements to be entered into with subcontractors .
In conclusion
Providing maintenance instructions, especially when realizing blue roofs, is very important. Therefore, check whether the maintenance instructions used are sufficiently geared to the different roofs your company realizes, ensure that they are always handed over upon completion and point out to the client the importance of complying with them. Have the client sign for receipt of the maintenance instructions and finally, in preparation for the new legislation, check whether a completion file will be provided and, if so, which documents will form part of it.We can of course help with this.
Want to know more about the Quality Assurance Act?
In this podcast, we cover the 5 most important changes from the Building Quality Assurance Act.
