Estimates, Worked Examples and Checklists
Written contract and warranty for roof and façade work: what to put in writing
What a written contract for terrace waterproofing, roofing, cladding or painting in India should contain, how workmanship and product warranties differ, and what to keep.
For roof and façade work, a short written contract signed by you and the contractor is the best protection you have. It should name the scope and system (surfaces, product, coats or layers, preparation), the area and how it will be measured, the rate and GST, the payment stages and retention, the dates, safety and damage responsibilities, and the warranty: what it covers, for how long, and how you claim. Keep it with the tax invoice, product bills and dated photographs. If the job fails, these papers decide whether a contractor, a manufacturer, an insurer or nobody pays.
Part of how to read a roofing or façade quotation.
Why the written contract matters in India
Under the Indian Contract Act, 1872, an oral agreement can be a valid contract, but proving its terms later is hard. For a household customer, the Consumer Protection Act, 2019 treats poor service as a "deficiency" that a consumer commission can remedy, but the commission will look at what was promised. A written scope turns "he said it would not leak" into an enforceable term. See consumer complaint against a contractor.
The clauses, one by one
1. Parties
Your name and address; the contractor's name or firm name, address, phone, and GSTIN if GST is charged. If the work will be subcontracted, say who remains responsible.
2. Scope and specification
- Surfaces covered (terrace, parapets, mumty, sheds, which walls)
- System and product line, number of coats or layers, thickness or coverage per coat
- Preparation steps: cleaning, scraping, crack repair, breaking out old layers, slope correction, primer
- Detailing: outlets, pipes, joints, flashings, reveals
3. Measurement and price
- Rate per sq ft for each item and which items are lump sums
- How the final area will be measured (plan or sloping area, deductions for openings, upturn height)
- GST rate and whether the rate is inclusive or exclusive of GST
- Rule for extras: written approval before any extra work, at an agreed rate
4. Payment schedule and retention
Payments linked to stages you can inspect, and a retention held until a stated date or event, such as an inspection after the first monsoon. The retention and payment calculator works out the amounts.
5. Time
Start date, expected duration, and what happens if rain stops work. If delay matters to you, agree a simple consequence.
6. Site, safety and damage
- Who provides scaffolding, safety belts and harnesses at height
- Protection of water tanks, solar panels, plants, cars and neighbours' property
- Responsibility for any damage caused during the work
- Daily clean-up and final debris removal
7. Testing and handover
For terraces, a water or flood test before the protective layer and a written result. For roofs, a check after the first heavy rain. For paint, an inspection for patchiness and missed areas.
8. Warranty
See the next section.
9. Disputes
A simple clause on how disputes are first discussed, and that nothing prevents you from using the legal remedies available to consumers.
Workmanship warranty versus product warranty
| Workmanship (applicator) warranty | Product or system (manufacturer) warranty | |
|---|---|---|
| Given by | The contractor | The manufacturer |
| Covers | Defects from how the work was done | Defects in the material, sometimes the full system if applied by an approved applicator |
| Typical conditions | Proper use, no later damage by others | Product applied as per the technical data sheet, registration, batch numbers, photos, sometimes an inspection |
| Common exclusions | Structural movement, new cracks, damage by others, poor maintenance | Wrong surface preparation, wrong application, ponding, mechanical damage |
| How to claim | Write to the contractor with photos | Write to the manufacturer through the route in the warranty card |
Ask for both in writing where both exist. A manufacturer warranty without an applicator warranty can leave you arguing about whether the failure is "product" or "application". See warranty claims on waterproofing, paint and cladding.
What a good warranty clause says
- The period, starting from the completion date written in the contract
- What is covered (for example, "water ingress through the treated terrace area")
- What is excluded, in plain words
- Response time: how quickly the contractor will inspect after a complaint
- Remedy: repair of the defect and of damage it caused, or a stated limit
- Transfer: whether the warranty passes to a new owner if you sell
Documents to keep
| Document | Why |
|---|---|
| Quotation and signed contract | Proves scope and price |
| Tax invoice with GSTIN, or a proper bill | Proves payment and tax |
| Product purchase bills and batch numbers | Needed for manufacturer warranty |
| Warranty card or letter | Sets conditions |
| Dated photos of each stage | Proves preparation and coats were done |
| Water test record | Proves the terrace held water at handover |
| Messages and emails | Proves when you complained |
| Society approval or municipal permission | Shows the work was authorised |
Use the contract and warranty checklist to tick these off.
Illustrative example: why the details matter
A homeowner pays ₹1,20,000 for terrace waterproofing on a contract that says only "waterproofing with 5 years guarantee". After one monsoon the ceiling leaks near a drain. The contractor says drains were "not included". With a scope that listed "outlets and pipe penetrations detailed with collars and membrane", the homeowner could point to the clause. Without it, the dispute turns on memory.
FAQ
Does the contract need stamp duty?
Stamp duty on agreements is a state subject and rules vary. Many simple household work orders are executed on plain paper or letterhead; check your state's stamp act for larger contracts.
Can I pay in cash?
Payments through banking channels create a record. If you pay cash, get a signed, dated receipt for each payment.
What if the contractor will not sign anything?
That is a warning sign. At least confirm the scope, rate and warranty by message or email and keep the reply.
How long should a waterproofing warranty be?
There is no legal standard. Compare what different contractors offer for the same system and read what is excluded.
Sources and where to check
- India Code — Indian Contract Act, 1872 and Consumer Protection Act, 2019
- National Consumer Helpline — pre-litigation help with a contractor
- e-Jagriti — online filing of consumer complaints
