Who Does a Condominium Association Have a Construction Warranty Claim Against for a Defective Product?

Answer: The Supplier and not the Manufacturer Pursuant to Florida’s Statutory Warranty Provision Section 718.203.

In Port Marina Condominium Association v. Roof Services, Inc. et al., a condominium developer entered into an agreement with Best Roofing to install a roof on a boat storage building.  The developer entered into a separate contract with GAF Materials to guaranty a roof product called TOPCOAT.  After construction leaks appeared in the roof of the boat storage building.  A dispute arose as to whether Best Roofing was responsible for improper application of the TOPCOAT or whether GAF was responsible for the failure of the product itself.

The Condo Association sued the developer, Best Roofing and GAF under Florida’s Condominium Warranty Statute (section 718.203, Florida Statutes).  GAF moved to dismiss the complaint alleging that it was the product manufacturer and not a supplier of the TOPCOAT and therefore the Condominium Warranty Statute did not apply to GAF.  The court looked to general definitions to determine whether GAF was a supplier or a manufacturer.  The court defined supplier as “a persona engaged directly or indirectly, in teh business of making a product available to consumers” and defined manufacturer as “a person or entity engaged in producing or assembling new products.”  Since the Condo Association’s complaint failed to allege that GAF was a supplier or that it furnished, sold, or delivered anything for the project, it was proper to dismiss the complaint against GAF under the Condominium Warranty Statute.

119 So. 3d 1288 (Fla. 4th DCA 2013)