Our warranty for new homes and home improvements covers one year from completion defects in materials and workmanship. Please consult the actual wording below for the details. Remember, many materials carry a longer warranty than our builder one year warranty. Please ask about warranties on specific materials.
As printed in all Custom Home contracts:
7. Warranty.: (a) Seller agrees that it will repair or replace, for the original Buyer or mortgagee, for a period of one (1) year from the Completion Date (as defined below), any defective materials or workmanship furnished under this Agreement (each, a “Defect”). Upon written notice from Buyer or mortgagee of a Defect, Seller shall proceed with due diligence, at its own expense, to repair or replace such Defect, subject to the provisions of subparagraph (d) below.
(b) The warranty shall be governed by the workmanship guidelines found in the publication “Residential Construction Performance Guidelines For Professional Builders and Remodelers, Third Edition, National Association of Home Builders, 2005”; provided, that any item that is not covered in such publication shall be governed by standard industry practice.
(c) The warranty provided hereunder shall specifically exclude damage caused by fault of the (i) soil or (ii) any latent defect in materials not discoverable by Seller or any of its independent contractors, using ordinary care in inspecting such materials prior to installation.
(d) Following the completion date, Seller’s sole liability under the agreement shall be limited to the warranty provided in the paragraph. Seller shall not be liable for, nopr shall any measure of damages include, any indirect, incidental, special, exemplary, punitive or consequential damages or amount for lass of income, profits or savings, arising out of or relating to its performance or failure to perform under this agreement, even if the party against whom liability is sought to be imposed has been advised of the possibility of such damages or loss.
(e) For purposes of this Agreement, “Completion Date” shall be deemed the date upon which all material work has been completed and Seller is prepared to deliver the dwelling to the Buyer; provided, that such date shall be no later than the time of final payment for the dwelling.”
As printed in all Home Improvement contracts:
SECTION 9. WARRANTY:
Contractor agrees that it will repair or replace for the Owner or Owner’s mortgagee for a period of one (1) year from the date of completion of the improvements, any defective materials or workmanship furnished under this agreement or as an extra thereto, and that upon written notice from Owner or Owner’s mortgagee. Contractor shall proceed with due diligence at its own expense, to repair or replace any defective materials or workmanship. The completed work shall be in compliance with any applicable building laws of the state and of any political subdivision thereof, wherein the work is performed. All workmanship shall conform to the guidelines found in the publication ‘Residential Construction Performance Guidelines for Professional Builders and Remodelers, Third Edition, National Association of Home Builders, Inc. If an item is not covered in that publication, standard industry practice shall govern. Contractor warranty does not cover damage of defects that are the result of characteristics common to the materials used or conditions resulting from condensation, expansion or contraction of such materials. Contractor’s liability under this Agreement is limited to the repair or replacement of the defective materials or workmanship or their value, and it shall not be liable for any other loss, direct or indirect, or consequential. This warranty is not transferable to subsequent Owners. Completion shall be conclusively deemed to be made if not before, at the time of final payment, shall constitute a waiver by Buyer of any defects on materials or workmanship and an unconditional acceptance of the work, subject only to the one (1) year warranty of Seller set forth herein. As a prerequisite to warranty coverage, Buyer must notify Seller in writing within one (1) year warranty period of the nature and location of the claimed defect (s). Seller’s warranty specifically excludes damage caused by fault of the soil or any latent defect in materials not discoverable by Seller’s contractors using ordinary care in inspecting same prior to installation.