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- Terms: The terms of the various coverages of this Warranty begin on the date on which the construction for the home or remodel is substantially completed. That date is referred to in this Limited Warranty as “Closing.”
- Coverage: Builder warrants the construction for a period of eighteen (18) months after Closing to the extent applicable:
Builder does not warrant any pre-existing condition or components. Also, where the construction is a remodel, Builder does not agree to re-level or re-plumb floors, joists, walls, etc. Builder will only blend existing construction with the new construction in accordance with plans, specifications or as required by applicable codes or law.
- The floors, ceilings, walls, and other internal structural components of the home which are not covered by other portions of this Limited Warranty (if the Builder installed them) will be free of defects in materials or workmanship.
- The plumbing, heating and electrical wiring systems and the septic tank (if Builder installed them) will be free of defects in materials and workmanship.
- The roof (if Builder installed it) will be free of leaks caused by defects in materials and workmanship.
- The following items will be free of defects in materials or workmanship (if Builder installed them): doors (including hardware), windows, jalousies, electrical switches, receptacles and fixtures, caulking around exterior openings, plumbing fixtures and cabinet work.
- Manufacturers’ Warranties: Builder assigns and passes through to Homeowner the manufacturers’ warranties on all appliances and equipment where applicable. The following are examples of such appliances and equipment, though not every construction/home includes all of these and some construction/homes may include appliances or equipment not in this list: refrigerator, range, space heater, washing machine, dishwasher, garbage disposal, ventilating fan and air conditioner.
- Exclusions from Coverage: Builder does not assume responsibility for any of the following, all of which are excluded from the coverage of this Limited Warranty:
- Defects in appliances and pieces of equipment which are covered by manufacturers’ warranties. (Builder has assigned these manufacturers’ warranties to Homeowner, and Homeowner should follow the procedures in these warranties if defects appear in these items).
- Damage due to ordinary wear and tear, abusive use or lack of proper maintenance of home.
- Defects which are the result of characteristics common to the materials used, such as (but not limited to) warping and defection of wood, fading, caulking and checking of paint due to sunlight, cracks due to drying and curing of concrete, stucco, plaster, bricks and masonry, drying, shrinking and cracking of caulking and weather-stripping.
- Defects in items installed by Homeowner or anyone else except Builder or, if requested by Builder, Builder’s subcontractors.
- Work done by Homeowner or anyone else except Builder or, if requested by Builder, Builder’s subcontractors.
- Loss or injury due to the elements.
- Conditions resulting from condensation on, expansion of or contraction of materials.
- Paint applied over newly plastered interior walls.
- Consequential or incidental damages
- No Other Warranties: This Limited Warranty is the only expressed warranty given. Implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and habitability, are limited to the warranty period set forth above. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to Homeowner. This Limited Warranty gives Homeowner specific legal rights, and Homeowner may also have other legal rights which vary from state to state.
- Claims Procedure: If a defect appears which Homeowner thinks is covered by this Limited Warranty, Homeowner must notify builder by phone or in writing.
- Repairs: Upon receipt of Homeowner’s written report of a defect, if the defective item is covered by this Limited Warranty, Builder will repair or replace it at no charge to Homeowner, within sixty (60) days (longer, if weather conditions, labor problems or material shortages cause delays). The work will be done by Builder or subcontractors chosen by Builder. The choice between repair or replacement is Builder’s.
- Not Transferable: This Limited Warranty is extended to Homeowner only. When Homeowner sells or moves out of the home, this Limited Warranty automatically terminates.
Statement of Non-Warrantable Conditions
A new home or new construction in the event of a remodel, is a unique combination of several different materials and components, each having distinct characteristics. From soft wood of the frame to the hard concrete of a footing, each of these materials will react differently to changes in temperature, humidity, setting, support, use, etc. Knowing this, Builder can predict minor flaws, if not evident at completion, that may occur over time, which fall into a category called Non-Warrantable Conditions.
The following is an outline of some of the potential conditions which are not warranted by Builder. It is important that Homeowner understands each of these conditions and how they relate to the home. Homeowner should consult with Builder and Homeowner’s attorney for any additional information Homeowner may need before Homeowner signs the Agreement or Contract Documents.
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- Concrete: Concrete foundations, walks, drives and patios can develop hairline cracks that do not affect the structural integrity of the building. These cracks are caused by characteristics of expansion and contraction. No method of eliminating these cracks exists. This condition does not affect the strength of the building.
- Masonry and Mortar: Masonry and mortar can develop cracks from shrinkage of either the mortar or the brick. This condition is normal and should not be considered a defect.
- Wood: Wood will sometimes check, crack or “spread apart” because of the drying process. This condition is most often caused by the heat inside the house or the exposure to the sun on the outside of the house. This condition is considered normal, and Homeowner is responsible for any maintenance or repairs resulting from it.
- Sheetrock or Drywall: Sheetrock or drywall will sometimes develop nail pops or settlement cracks. These nail pops and settlement cracks are a normal part of the drying process. These items can easily be handled by Homeowner with spackling during normal redecorating. However, if Homeowner wishes, Builder will send a worker at the end of one year to make the necessary repairs. Builder’s repairs will not include repainting.
- Floor Squeaks: After extensive research and writing on the subject, technical experts have concluded that much has been tried but that little can be done about floor squeaks. Generally, floor squeaks will appear and disappear over time with changes in the weather.
- Floors: Floors are not warranted for damage caused by neglect or the incidents of use. Wood, tile and carpet all require maintenance. Floor casters are recommended to prevent scratching or chipping of wood or tile, and stains should be cleaned from carpets, wood or tile immediately to prevent discoloration. Carpet has a tendency to loosen in damp weather and will stretch tight in drier weather.
- Caulking: Exterior caulking and interior caulking in bathtub, shower stalls and ceramic tile surfaces will crack and bleed somewhat in the months after installation. These conditions are normal and should not be considered a problem. Maintenance or repairs resulting from them are Homeowner’s responsibility.
- Brick Discoloration: Most bricks may discolor because of the elements, rain runoff, weathering or bleaching.
- Broken Glass: Any broken glass or mirrors that are not noted by Homeowner on the final inspection form are the responsibility of Homeowner.
- Frozen Pipes: Homeowner must take precautions to prevent freezing of pipes and sill cocks during cold weather, such as removing outside hoses from sill cocks, leaving indoor faucets with a slight drip and turning off the water system if the house is to be left vacant for extended periods during cold weather.
- Stained Wood: All items that are stained will normally have a variation of colors because of different textures of the wood. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood. These normal conditions should not be considered defects.
- Paint: Good quality paint has been used internally and externally on this home. Nevertheless, exterior paint can sometimes crack or check. The source of this defect is most often something other than the paint. To avoid problems with the paint, Homeowner should avoid allowing lawn sprinklers to hit painted areas, avoid washing down painted areas and so on. Homeowner should also not scrub latex-painted areas or inside walls and should be careful of newly painted walls as they move furniture. Even the best paint can be stained or chipped if it is not cared for properly. Any defects in painting that are not noted at final inspection are the responsibility of Homeowner.
- Cosmetic Items: Homeowner has not contracted with Builder to cover ordinary wear and tear or other occurrences subsequent to construction, that affect the condition of features in the home. Chips, scratches or mars in tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, marble tops, and formica tops, lighting fixtures, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, vinyl floors, cabinets and the like that are not recognized and noted by Homeowner at the final inspection are non-warrantable conditions, and the upkeep of all cosmetic aspects of the home is Homeowner’s responsibility.
- Alterations to GradingIf Homeowner’s lot has been graded by Builder to ensure proper drainage away from home. Should Homeowner wish to change the drainage pattern because of landscaping, installation of patio or service walks or other reasons, Homeowner should be sure a proper drainage slope is retained. Builder assumes no responsibility for the grading, subsequent flooding or stagnant pool formation if the established pattern is altered.
- Lawn and Shrubs: Builder accepts no responsibility for the growth of grass or shrubs. Once Builder grades, seeds and/or sods and fertilizes the yard, Homeowner must water and spread ground cover to prevent erosion. Builder will not re-grade a yard, nor remove or replace any shrubs or trees, except for those that are noted as diseased at final inspection.
- Roof Damage: The warranty on Homeowner’s roof (if Builder installed it) is for material only prorated over the lifetime use of the roof. Warranty claims for any defects in materials will be handled through the manufacturer with Builder’s assistance. Builder will not be responsible for any damages caused by walking on the roof or by installing any television antenna or any other item on the roof.
- Heating and Air Conditioning: Homeowner’s source of heating and air conditioning is covered by a manufacturer’s warranty. Homeowner is responsible for making sure the filters are kept clean and changed on a bi-annual basis. Failure to do so will void the warranty. Having the equipment serviced or checked at least twice per year is also highly recommended.