BUILDER LIMITED WARRANTY COVERAGE
BUYER(S):_______________________________________________________________
PROPERTY:______________________________________________________________
**Please Note that all warranty inquiries have to be in writing and on the appropriate form to be considered by the builder.
Any verbal requests for repairs will not be considered and are not guaranteed.**
This Limited Warranty commences on the date of settlement, or the date of Home Owner’s occupancy, whichever occurs first,
and continues for a period of one (1) year.
This Limited Warranty is in effect only if Builder is in receipt of entire sales price.
This Limited Warranty is not transferable and will automatically terminate if property is leased, vacated, or sold by original Home Owner.
The Home Owner with a Limited Warranty complaint must submit a clear and specific WRITTEN request to the Builder
at the address shown on this Limited Warranty. No Limited Warranty work will be performed until complaint has been
received in writing, unless designated an emergency.
The Builder will, within a reasonable time, examine an alleged defect to determine if it is covered by this Limited Warranty.
A defect covered by this Warranty will be repaired, replaced, or replaced with item of like kind, at Builder’s expense.
Builder reserves the right to charge the owner a reasonable sum per service call for any request not covered under this Limited Warranty.
Any repair or replacement shall not extend the Warranty term. The total liability of Warranty is limited and shall not exceed the sales price of the home.
Repair or replacement of interior and exterior surfaces, including driveways and sidewalks, will be limited to the defective area.
Limited Warranty Coverage does not include consequential damage or inconvenience resulting from a defect.
Home Owner must provide the Builder access to property during normal weekday business hours to perform its obligations under this Warranty. Failure to provide such access may relieve Builder of its obligations.
During the term of this Warranty, and subject to the terms and conditions listed herein, the Builder warrants the home against
defects in materials and workmanship in the following items:
This Limited Warranty shall NOT extend to, include, or be applicable to:
A. Damages or losses resulting from accidents; civil commotion; acts of God or Nature - including, but not limited to:
wind storms, wind driven water, floods, sink holes, hail, lightening, fallen trees, earthquakes, explosions, fire, smoke,
water escape, or changes in underground water table.
B. Any condition which does not result in actual physical damage to the Home – including, but not limited to:
un-inhabitability or health risk due to presence or consequence of unacceptable levels of radon gas, formaldehyde, mold
carcinogenic substances, or other pollutants and contaminants; or the presence of hazardous or toxic materials.
C. Coverage on appliances and items of equipment – including, but not limited to: water heaters, pumps, stoves, ranges, ovens,
garbage disposals, dishwashers, furnaces, air conditioning units, heat pumps, and other similar items – these items are for the
manufacturer’s warranties to Home Owner.
D. Any soil erosion/sedimentation or storm water control management systems that are approved by a governing jurisdiction.
E. Shrinkage, cracks or movement in concrete foundation, basement walls and slab, and garage floors, which are within the
design performance criteria.
F. Normal and usual cracks; nail pops; twisting or movement in walls, ceilings, exterior and interior trim and finished items
caused by drying, aging, or shrinkage of building products.
G. The existence of a dry basement or loss or damage caused by or resulting from seepage of water.
H. Personal property damage or bodily injury or punitive damages.
I. Any defect, damage, or loss which is caused or aggravated by negligence of Home Owner or anyone other than the Builder
or its employees, agents, or subcontractors.
J. Touch up painting: There will be no touch up painting after settlement unless the items are part of the walk through punch
list. There is NOT an eleven month or other post settlement touch up period prior to the end of this one year coverage.
WARRANTY STANDARDS
1. Possible Deficiency - Poor Drainage Lot
Performance Standard
After normal rainfall, water should not stand in yard within 10 ft of home for more than 48 hours.
Drainage time may be much longer during times of snow, frost, excessive precipitation or soil saturation.
Responsibility - Builder is responsible to establish proper grades and swales; Home Owner is
responsible for maintaining them.
2. Possible Deficiency - Basement Water and Dampness
Performance Standard
Dampness of walls and floors is not unusual until such time as backfill has been fully compacted through
settling. This may take as long as five years.
Responsibility - Builder will correct actual accumulation and flow of water within the basement.
Leakage due to grade and landscaping settlement is considered a maintenance item and as such is not
covered.
3. Possible Deficiency - Basement or Foundation Wall Cracks
Performance Standard
Small cracks not affecting structural stability are not unusual in foundation walls. Cracks greater
than 1/4 inch in width shall be repaired.
Responsibility - Builder will repair cracks in excess of 1/4 inch by caulking with a urethane
concrete caulk.
4. Possible Deficiency - Separation or Movement of Stoops and Porches
Performance Standard
Minor movement within one inch is normal.
Responsibility - Builder will repair separation exceeding one inch.
5. Possible Deficiency - Cracking of Basement or Garage Floor
Performance Standard
Minor cracks in concrete basement floors are normal. Cracks exceeding 3/16 inch in width or 1/8 inch
in vertical displacement shall be repaired.
Responsibility - Builder will repair cracks exceeding maximum tolerances by surface caulking,
patching or other methods as required.
6. Possible Deficiency - Uneven Concrete Floors/Slabs
Performance Standard
Except for basement floors or where a floor or a portion of floor has been designed for specific drainage
purposes, concrete floors in rooms designed for habitability shall not have pits, depressions or areas of
unevenness exceeding ¼ inch in 32 inches. Concrete floor cracks shall not puncture finished floors.
Responsibility - Builder will patch, correct or repair to meet Performance Standards.
7. Possible Deficiency - Pitting or Deterioration of Concrete Surfaces
Performance Standard
Concrete shall not disintegrate to the extent of exposing aggregate under normal conditions of use,
except where such surfaces have been exposed to salts, chemicals or other abuses beyond builder’s
control.
Responsibility - Builder will patch, correct or repair to meet the performance Standard.
8. Possible Deficiency - Efflorescence on Masonry Stone, Brick, Block Or Concrete
Performance Standard
Masonry products are known to discolor due to lime content.
Responsibility - None
9. Possible Deficiency - Dampness or Water Absorption into Exposed Masonry
Performance Standard
Masonry materials are porous to varying degrees and cannot be controlled by Builder.
Responsibility - None
10. Possible Deficiency - Roof Leaks
Performance Standard
Roof shall not leak, except where snow and ice are permitted to build up excessively or repeatedly.
Prevention of ice buildup is a maintenance item and is not the responsibility of the builder. Because roof
systems must breathe, your home is constructed with vents at the soffits and ridges of the roof system.
Snow and rain driven by high winds under severe conditions can be driven into air vent passages. This is
not considered a defect and builder does not warrant against such water penetration.
Responsibility - All roof leaks, not caused by owner neglect or excessive winds will be repaired.
Builder is not responsible for color variations.
11. Possible Deficiency - Air Filtration
Performance Standard
Some air filtration is normal around doors, windows and other wall openings especially in conditions of
High wind. In order to increase the air tightness of the home beyond such standards, owner may need to
purchase and install storm windows and doors to provide solutions satisfactory to owner’s own
expectations.
Responsibility - Builder will adjust windows and doors to maintain manufacturers designed air
filtration.
12. Possible Deficiency - Sound can be heard through Party Walls
Performance Standard
Acoustical qualities of rooms, walls and other enclosures are greatly affected by everything within their
physical area. Actual sound transmission qualities of walls are difficult to measure outside of a laboratory
because of the disproportionate effect everything in the area has on acoustical reaction. Because surfaces,
which are soft, uneven and dense, tend to absorb sound more, whereas surfaces that are smooth and
hard tend to reflect and increase ambient sound, a furnished home is likely to be “quieter” than an
empty home. Ambient sound levels within the home have a significant impact on the perception of
sound transmitted from surrounding dwellings. Builder warrants that party walls are built to conform to
or exceed pertinent building codes in effect at the time the home was constructed.
Responsibility - None
13. Possible Deficiency - Heating and Cooling Variations
Performance Standard
The HVAC system is designed to be able to maintain a temperature of 78 degrees Fahrenheit for heating
And 70 degrees Fahrenheit for cooling. Temperatures are measured five (5) feet above the center of the
floor in the room where the thermostat is located. In severe weather conditions; a variation of up to 15
degrees from room to room is acceptable. All rooms may vary in temperature by 5 or 6 degrees. Home
owner is responsible for adjusting ducts and registers to obtain acceptable temperature consistency.
Responsibility - Builder will repair system to meet the acceptable standards as described above.
14. Possible Deficiency - HVAC Condensate Clogs
Performance Standard
HVAC system condensate lines will eventually clog as household dust accumulates on the cooling fins and condensation carries dust through the condensation lines where it normally builds up a clog in the condensate trap. This is a maintenance item. Builder recommends that condensation lines be checked and cleaned at least annually, at the beginning of each air conditioning season.
Responsibility - None
15. Possible Deficiency - Ground Fault Circuit Trips Frequently
Performance Standard
Ground Fault Interrupters (GFI) are sensitive safely devices designed to trip very rapidly in the event of
ground fault condition, such as in the event of electrical shock. This sensitivity causes them to trip easily
and especially in cases where an extension cord of more than 50 feet is anywhere in the protected
circuit.
Responsibility - Builder has installed GFI protectors in accordance with the National Electric code.
Frequent tripping is not warranted against. GFI devices otherwise determined to be defective will be
replaced.
16. Possible Deficiency - Paint or Stain Peels or Fades
Performance Standard
The weathering of finishes is normal and should be expected within certain tolerances. Exterior finishes
may deteriorate rapidly due climatic conditions and is considered a maintenance item and is not covered
by this warranty.
Responsibility - Builder will correct or repair finishes where paint is determined by builder or his
representatives to be defective. Builder is not responsible for color variations.
17. Possible Deficiency - Drywall Cracks, Nail Pops, Seam Taps or other imperfections
Performance Standard
Modern homes are constructed, partially from organic wood materials. Such materials will move, shrink
And Expand with minor variations in temperature and moisture within the home. Drywall, being
inorganic, tends not to move well with the movement of the lumber supporting it. Such movement,
therefore often results in minor cracks, nail pops, the appearance of seam tape and other minor
imperfections. Such imperfections not exceeding 1/8 in width are common in drywall and are not
considered a defect.
Responsibility - None
18. Possible Deficiency - Trim and Molding Pieces
Performance Standard
Because trim and molding is largely made from organic materials, these pieces move, shrink and expand
With minor variations in temperature and moisture within the home. Such movement, which may result
in minor separation between adjacent surfaces is normal and should be expected within certain
tolerances. Particularly, wood stairways and shoe moldings normally shrink away from the walls of
stairway within the first year. This is not considered a defect, but is within the expected behavior of
organic wood products. Interior doors may need to be adjusted and are not a warranty item.
Responsibility - None
19. Possible Deficiency - Floor Creaks or Squeaks
Performance Standard
Modern homes are constructed, partially from organic wood framing materials. Such materials will move,
shrink and expand with minor variations in temperature and moisture within the home. Squeaks are
normally a passing condition caused by lumber shrinkage or movement and are not covered by this
warranty unless caused by a defect in the floor joist system.
Responsibility - Builder will correct floor system structural defects.
20. Possible Deficiency - Imperfections in Resilient Flooring
Performance Standard
Minor nail pops or visible seams in underlayment are not considered unusual within certain tolerances.
Responsibility - None
21. Possible Deficiency - Grass Trees, Shrubs or Other Plantings die or straw and grass seeds is washed
away by downpour.
Performance Standard
Final grading and seeding of lawn, as well as any other upgraded landscaping will be planted in
accordance with contract specifications when weather conditions permit.
Responsibility - Grass seed, which has germinated, as well as newly transplanted trees and shrubs,
which are not watered during a period of drought, will die, even though an abundance of weeds will
sprout and thrive. Landscaping plants are living organisms, all of which can thrive, or die for various
reasons beyond Seller/Builder’s control. Seller/builder therefore cannot and does not warrant that
landscaping plants will live or thrive in consideration of any circumstances beyond his control. Newly
planted or transplanted landscaping plants require excess watering for the first several weeks until they
become established. Seller/Builder does not warrant against this maintenance item, which is the buyer’s
responsibility. Seller/Builder shall not be responsible for the proper care and watering of lawn and
shrubs as it may become necessary at any time after the date of settlement. Seller/Builder does not, and
can not warrant against the effects of nature, such as, but not limited to, sudden and/or severe rainfall
which may occur on grass seed which has not germinated. In the event of soil settlement around
foundation or other excavated areas, or soil displacement, including complete washout of all seeded areas
due to excessive rain or erosion, the Seller/Builder agrees only to supply top soil for a period of three
(3) months form the date of settlement or three (3) months from the time final seeding was performed,
in the event that seeding was not completed by the settlement date. The Buyer will be responsible for soil distribution and reseeding as needed. Seller/Builder’s responsibility for living plants becomes the Buyer’s responsibility when settlement occurs or when the plants are planted, which ever occurs last.
____________________________ ____________________________________________
Name(s) Lot # and Community
______________________________ ____________________________ _______________
Witness Buyer Date
______________________________ ____________________________ _______________
Witness Buyer Date
5-17-06