U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000


Skip to content U.S. Department of Transportation/Federal Highway AdministrationU.S. Department of Transportation/Federal Highway Administration

Construction

Construction Program Guide

Warranties

Warranties have been successfully used, in other countries and by some States on non-Federal projects, to protect investments from early failure. Prior to 1991, the FHWA had a longstanding policy that restricts the use of warranties on Federal-aid projects to electrical and mechanical equipment. The rationale for the restriction was that such contract requirements may indirectly result in Federal-aid funds participating in maintenance costs, and the use of Federal-aid funds for routine maintenance is prohibited by law. However, the Agency utilized the public notice / public comment process to develop and implement a rule making for warranties in 1995.

The regulation applies to projects on the National Highway System. Contracting agencies may use their own warranty procedures on non-National Highway System projects.

Authority/Legal Basis

  1. Laws
    • Title 23 U.S.C. 116 indicates that that it is the State DOT's responsibility to provide for maintenance of a project built with Federal-aid funds.
    • On this basis, FHWA's policy does not allow Federal-aid participation in routine maintenance (operations such as: snow removal, graffiti removal, grass cutting, etc.); however, paragraph (d) of Section 116 provides the authority for Federal-aid participation in preventive maintenance costs. Thus by statute, routine maintenance can be included in warranty provisions.
  2. Regulations
  3. Orders
    • None
  4. Policy

Guidance

  1. General Information
  2. Training
    • None
Updated: 12/11/2013
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000