PA 17-153—sSB 821 (VETOED)

General Law Committee

Appropriations Committee

AN ACT CONCERNING ROOFING, WINDOW AND SIDING CONSUMER WARRANTIES AND POST-SALE WARRANTY WORK REIMBURSEMENT FOR POWER EQUIPMENT DEALERS

SUMMARY: This act sets certain payment conditions and time frames for warranties on residential roofing, windows, and siding. It also specifies that the warranty claims for farm, forestry, yard, and garden equipment include parts and hourly labor rates and prohibits suppliers from denying a warranty claim based on certain minor errors.

EFFECTIVE DATE: January 1, 2018

ROOFING, WINDOW, AND SIDING CONSUMER WARRANTY

The act requires manufacturers of residential roofing, window, or siding material who offer a consumer warranty for such material to pay any claim made for material and labor under the warranty within 30 days after they receive and approve the claim.

The manufacturer must approve or disapprove a claim within 30 days after receiving it. If a claim is not disapproved in writing by the 30th day after receipt, it is deemed to be approved and the manufacturer must pay it within the next 30 days.

Under the act, a manufacturer that pays under such a consumer warranty must pay the consumer the full price for any material and the hourly labor rate the consumer was charged, provided the (1) consumer provides the price and rate in writing and (2) total amount payable is no more than the amount the consumer paid for the original purchase and installation.

FARM, FORESTRY, YARD, AND GARDEN EQUIPMENT WARRANTY

By law, for farm, forestry, yard, and garden equipment warranties under a dealer agreement with a supplier, the supplier must pay any warranty claim made for parts and services within 30 days after it receives and approves the claim. The act specifies that the supplier must pay the dealer the full retail price for any parts and the hourly labor rate the dealer charges consumers for non-warranty repair work.

The act prohibits a supplier from denying a warranty or charging back a claim following a timely audit based solely on the dealer's failure to comply with a claim processing procedure, clerical error, or other administrative technicality as long as the failure does not call into question the claim's legitimacy. The supplier must allow the dealer to resubmit a denied claim based on reasonable supplier guidelines within 30 days after the initial claim denial or charge-back.