Warranty Information

TERM The Term of this Limited Warranty is one year, beginning on the date of final settlement (closing) or purchaser's first occupancy of the home, whichever comes first. This Limited Warranty shall only cover warranty items specifically described herein for which a Request for Warranty Performance as described below is actually delivered to the Builder within one (1) year of the Commencement Date as stated. This Limited Warranty, as extended by the Builder, shall cover the initial owner(s) of the Home for the initial one (1) year period and is not transferable to subsequent owner(s) of the Home unless specified in writing by the Builder. The Builder warranty to the initial owner(s) that for the term of the Limited Warranty the Home will be free of the following defects as stated herein, subject to the standards, provision(s) and exclusion(s) stated herein (specifically including but not limited to the Exclusions(s). WARRANTY COVERAGE CONCRETE Floors - cracks in concrete floor in basement or garage shall be repaired if they exceed 3/16 inch in either horizontal or vertical displacement by surface patch or other method of Builder's choice. Walls - cracks in basement or foundation walls shall be surface patched if they exceed 1/8 inch. All smaller foundation cracks, which result in the actual trickle of water, shall be repaired. Except for any basement floor, or portions of floors that have been specifically designed for drainage purposes, concrete floors in rooms designed for habitability shall not have pits, depressions or areas of unevenness exceeding 1/4 inch within a 32-inch span. Filling is specifically acceptable for settlement, joints, cracks, chips and breakage. Exclusions: Builder assumes no responsibility for driveways, walkways, patios, boundary walls, window well walls or floors, retaining walls, and bulkheads (except where boundary walls, retaining walls and bulkheads are necessary for the structural stability of a covered building); or for damage due to salt and chemical additives on concrete, causing spalling, or for damage to or defects in concrete floors of basements and other structural elements of the Home. Standing water on stoops for a short period after a rainfall is not uncommon. Small shrinkage cracks are normal and not unusual in concrete foundation walls. This Limited Warranty also does not cover leaks caused by improper landscaping installed by the Owner, or failure by the Owner to maintain proper grades. Dampness of walls and floors may occur in new construction and is not covered by this Limited Warranty. ROUGH CARPENTRY After extensively researching the subject, experts have concluded that much has been tried but little can be done about floor squeaks. Generally, floor squeaks will appear and disappear over time with changes in the weather. Floors should not have more that 1/4 inch ridge or depression within any 32-inch span when measured parallel to joists. Floor and ceiling joist's deflection shall comply with the approved local building code. WINDOWS Builder will adjust or correct open cracks, poorly fitting windows, or poorly fitted weather-stripping, which results in the entry of water. In high wind areas it may be necessary for Homeowners to install storm windows (at Homeowners expense) as an alternative to air infiltration. EXCLUSION: Windows will collect condensation on interior surfaces when extreme temperature differences and high humidity levels are present. Condensation and/or frost on windows are usually the result of climatic/humidity conditions and, unless attributed to faulty installation, is a condition beyond the Builder's control. There shall be no corrective action taken. Some air infiltration is normally noticeable around windows, especially during high winds and is not covered by the Limited Warranty. Cracks in glass will be corrected if noted at the time of pre-closing walk through inspection prior to warranty commencement date. EXTERIOR WALLS AND TRIM All walls have slight variances on their finished surfaces, but walls should not bow more than 1/4 inch out of line within any 32-inch horizontal or vertical span. Cracks are not unusual in exterior stucco walls surfaces, but cracks should not exceed 1/8 inch in width. Joints in molding, between molding and adjacent surfaces shall not result in open joints exceeding 1/8 inch in width. Joints between exterior trim elements, including siding and masonry, shall not result in open joints in excess of 3/8 inch. Joints and cracks in exterior wall surfaces and around openings shall be properly caulked to exclude the entry of water. Builder will repair and/or caulk joints or cracks in exterior wall surfaces as required correcting deficiencies once, during the first year Warranty period. Even properly installed caulking will shrink and must be maintained by the Homeowner during the life of the home. The repaired area may not match in color and/or texture. For surfaces requiring paint, the Builder shall paint only the new materials, and the newly painted surfaces may not match the original surface in color. Materials used for patching of filling of all exterior wall cracks are the sole determination of the Builder. Builder is not responsible for color variations in patching or filling materials. EXCLUSIONS: This Limited Warranty does not cover Varnish, lacquer and painted exterior wood finishes. This Limited Warranty does not cover defects that are the result of characteristics common to the materials used such as fading, chalking, peeling and checking of paint due to sunlight, and cracking due to drying and curing of stucco. It is common for paints applied over raw woods such as rough cedar may bleed allowing characteristics of the wood to show through. MASONRY Cracks in masonry work shall be "pointed up" or patched as necessary if crack exceeds 3/8 inch. Builder shall match mortar as closely as possible. Color variation in mortar is common. ROOF AND FLASHING Roofs and flashing shall not leak under normal conditions. Verified roof or flashing leaks not caused by ice build-up or the actions or negligence of the Homeowner or any other party shall be repaired. FIREPLACE See manufactures' recommendations for use and maintenance. During rainstorms with wind, water may be blown through cap and fall into firebox. DRYWALL CEILINGS AND WALLS Drywall or sheetrock will sometimes develop settling cracks. These settling cracks are a normal part of the drying out process of the Home. The Builder will repair drywall cracks exceeding 1/16 inch in width ONE TIME ONLY during the Limited Warranty term. The Builder is not responsible for variations in color or texture. Imperfections, such as nail pops, seam lines and cracks not exceeding 1/16 inch in width, are common in gypsum wallboard installation and can easily be corrected by Homeowner with spackling during normal redecorating. INTERIOR CARPENTRY Builder will repair joints in molding or joints between moldings and adjacent surfaces that exceed 1/8 inch in width. Materials used, as joint filler is Builder's determination. Cracks shall not develop between hardwood or parquet-type floorboards in excess of 1/8 inch, and repairs may be made by filling or replacing at Builder's option. Gaps between cabinets and ceilings or walls shall not exceed 1/4 inch in width. EXCLUSION: "Cupping," bowing or arching of hardwood floors is a condition that is caused by the amount of moisture in the Home and cannot be controlled by the Builder. This Limited Warranty does not cover "Cupping," bowing or arching of hardwood flooring. Builder is not responsible for variations in color of stains finishes, or fillers. CABINET DOORS Warpage of cabinet doors and drawers shall not exceed 1/4 inch as measured from face frame to point of furthermost warpage with door to drawer front in a closed position. Doors or drawer fronts will be corrected or replaced as necessary to meet this specification. Builder will fill cracks or gaps in doors or drawer faces only if light is visible through the crack or gap. EXCLUSION: Builder is not responsible for variations in color or stains, finishes or fillers used to make repairs. Builder is not responsible for exact match of wood grain, color of discontinued styles or supplies. DOORS Exterior doors will warp to some degree due to temperature differential on inside and outside faces. However, they should not warp to the extent they become inoperable or cease to be weather resistant or exceed National Woodwork Manufacturers Association Standard Features of 1/4 inch measured diagonally from corner to corner. Builder will correct or replace or refinish defective door to match existing door as closely as possible. The threshold will be adjusted to door bottom at closing. Homeowner will need to re-adjust due to normal expansion and contraction. Interior doors shall not warp in excess of 3/8 inch measured diagonally from corner to corner, and defective doors will be corrected or replaced provided the proper levels of humidity have been maintained in the Home. Builder will correct, replace or refinish defective doors ONE TIME ONLY during the term of this Limited Warranty. Builder shall match finish of doors as closely as possible. Builder will refinish defective area or replace door where panel shrinkage exceeds 1/16 inch. Builder will repair split door panels that allow light to be visible or allow the weather to get through the panels ONE TIME ONLY during the term of this Limited Warranty. Builder is not responsible for exact match of fillers, stain or paint finishes. Some air infiltration is normally noticeable around doors, especially during high windows. Poorly fitted weather-stripping that results in the entry of water shall be adjusted or replaced. It may be necessary for the Homeowner to provide (at Homeowners expense) storm doors as an alternative to high winds and rain. Garage doors shall be installed as recommended by the manufacturer. Some entrance of the elements can be expected since doors are not designed to fit weathertite. ELECTRICAL CIRCUITRY, SWITCHES, FIXTURES AND OUTLETS Electrical circuitry shall conform to local, state or approved national electrical code requirements, and breakers shall not kick out under normal usage condition. All electrical switches, fixtures and outlets shall operate as intended. Electrical junction boxes on exterior walls may produce airflow whereby the cold air can be drawn through the outlet into a room. This problem is normal in new home construction. GFI BREAKERS Ground Fault Interrupter breakers are used in compliance with local and national codes. Tripping of these devices is to be expected and is not covered unless due to construction defect. GFI breakers are not designed for use of appliances that need a continuous run such as freezers and refrigerators. GENERAL PLUMBING Builder shall correct to eliminate "water hammer" in the water pipe system, but there will be some noise emitting from the water pipe system due to the flow of water and pipe expansion, and are not covered by this Limited Warranty. Drain, waste and vent, and water pipes shall be adequately protected as required by applicable building codes during normal anticipated cold weather and as defined in accordance with ASHORE design temperature, to prevent freezing and bursting. If pipes burst, Builder shall correct situations not meeting the code but it is the Homeowners responsibility to drain or otherwise protect lines and exterior faucets exposed to freezing temperature. If any failure in the on-site service connections to the water main is the result of defective workmanship or materials, the Builder shall repair the failure. EXCLUSION: Owner must take precautions to prevent freezing of pipes and sillcocks during cold weather. Precautions the Homeowner could take are removing hoses from sillcocks, leaving interior faucets with a slight dripping of water, and turning off the main water system and empting the lines if the house is being left vacant for long periods of time during cold weather. Builder shall repair any defective construction in sewers, fixtures and drains located on the sold property, but is not responsible for clogging, which is caused by negligence of the Homeowner or any other party. There shall be no leaks of any kind in any soil, waste, vent or water pipe. Faucets and valves shall not leak, except for any leaking caused by actions of the Homeowner or third parties. Builder will not be responsible for broken sillcocks and frozen pipes unless due to faulty workmanship or installation. Builder is not responsible for any conditions beyond the Builders control that disrupt or eliminate sources of the supply and are not covered by this Limited Warranty. If the plumbing is stopped up or clogged during the Limited Warranty term and the person servicing the plumbing discovers foreign materials in the line, the Builder assumes no responsibility and the Homeowner assumes all related charges. Condensation on piping is normal and does not constitute a leak. HEATING/COOLING SYSTEMS AND DUCTWORK The heating system shall be capable of producing an inside temperature of 70 degrees Fahrenheit, as measured in the center of each room at a height of five feet above the floor, under local outdoor winter design conditions as specified in ASHORE handbook. Builder shall repair leaking refrigerant lines and recharged the unit, unless the Homeowner or another party caused damage. All separated or unattached ductwork shall be reattached and re-secured. When metal is heated is expands and when cooled it contract; the result in "ticking" or "crackling" which is generally to be expected. "Oil canning" is the term for this expanding and contracting sounds, and will vary with the use of the furnace and air conditioner. When air conditioning is provided, the cooling system shall be capable of maintaining a temperature of 78 degrees Fahrenheit, as measured in the center of each room at a height of five feet above the floor, under local outdoor summer design conditions as specified in ASHREA handbook. In case of outside temperatures exceeding 95 degrees Fahrenheit, the system shall be capable of maintaining a differential of 15 degrees Fahrenheit from the outside temperature. INTERIOR PAINTING AND FINISHES Builder shall repair interior painted surfaces that are not sufficiently applied to visually cover the surface. Scratches, gouges, etc... are covered only to the time of the pre-closing walk through inspection prior to closing or occupancy. Natural finishes on interior woodwork shall not deteriorate during the term of the Limited Warranty. Builder shall retouch effected areas of natural finish interior woodwork only. Builder is not responsible for variations in color. CERAMIC TILE GROUT Builder shall repair cracks in ceramic tile grouting ONE TIME ONLY during the Warranty Term. Material used to repair cracked grout is determined by the Builder or the Builder's repair representative. The builder shall replace cracked tiles if noted in writing on the pre-closing walk-through. Loose tiles shall be re-secured unless the defects were caused by the action of negligence of the Homeowner or any other party. The Builder will not be responsible for discontinued patterns or color variations in ceramic tile, tile grout or grout patching materials. Re-grouting and caulking of cracks in grouting are an on-going maintenance responsibility of the Homeowner for the life of the house. SPECIAL COATINGS Delaminated countertops shall be repaired or replaced... The Builder shall repair chips and/or cracks in laminate countertops only if noted at the pre-closing walk-through inspection. Upkeep of any cosmetic aspect of the Home is the Homeowner's responsibility and is not covered by this Limited Warranty. VINYL/RESILIENT FLOORING Builder shall repair nail pops in vinyl flooring that break the surface. Ridges in vinyl flooring that exceed 1/8 inch shall be repaired. The ridge of depression measurement is taken at the gap created at one end of a six-inch straightedge placed over the depression or ridge with three inches of the straightedge on one side of the depression, held tightly to the floor. Builder shall take corrective action as necessary to bring the defect within the standard of this Limited Warranty. Gaps in seams exceeding 1/16 inch shall be repaired. At Builder's option, any vinyl flooring that lifts, bubbles, or becomes unglued, shall be repaired or replaced. At Builder's option, vinyl floor covering in the affected area shall be repaired or replaced with similar material. Builder shall not be responsible for discontinued patterns or color variations in the floor covering. CARPETING Visible gaps in backing shall not exceed 1/8 inch. Carpet seams will show and are not covered by the Limited Warranty. The Limited Warranty does not cover carpet stains, discolorations or wear and tear. Carpet has a tendency to loosen in damp weather and will stretch tight again in dryer weather. This stretching from normal wear and tear may create ridges and rolls in the carpet and are specifically not covered by the Limited Warranty. ATTIC VENTILATION Attic ventilation shall satisfy all requirements of the local building code. EXCLUSION: Builder shall not be responsible for any Homeowner alterations to the original system. GUTTERING When gutters are unobstructed by debris, the water level shall not exceed one inch in depth, although water may stand in certain sections of the guttering immediately following after rainfall. LANDSCAPING/EXCAVATION/BACKFILL The necessary grades and swales shall have been established by the Builder to insure proper drainage away from the home. This, however, does not mean preparing the ground for seeding or sod. Standing or ponding water shall not remain for extended periods in the immediate area of the house after a rain (generally no more than 24 hours), except that in swales which drain other areas, or in areas where sump pumps discharge, a longer period can be anticipated (generally no more that 48 hours). The possibility of dirt settling, and standing water after an unusually heavy rainfall, should be anticipated by the Homeowner. No grading determination shall be made while there is frost or snow on the ground, or while the ground is saturated. The builder is responsible only for initially establishing the proper grades and swales. Owner is responsible for maintaining such grades and swales once they have been properly established by the Builder. ************ This section is designed to help you, the homeowner, better understand some of the changes and the maintenance items that commonly occur during the first year or so. This section will also specifically describe and explain certain items which are not covered by this Limited Warranty, however, failure to include any item(s) in this section that is not actually covered by this Limited Warranty shall not create any presumption or implication whatever that the items is covered by this Limited Warranty. Certain items are covered by Manufacturers' Warranties and are therefore not covered by this Limited Warranty. The Builder does not assume any of the obligations under Manufacturers' Warranties. During the warranty period, the plumbing, heating and electrical wiring systems will be free of defects in materials and workmanship. During the warranty period, the roof will be free of leaks caused by defects in materials and workmanship. MANUFACTURERS' WARRANTIES We assign and pass through to you the manufacturers' warranties on all appliances and equipment. The following are examples of such appliances and equipment, though not every home includes all of these items and home may include appliances or equipment not in this list: refrigerator, range, washing machine, dryer, dishwasher, garbage disposal, ventilating fan, furnace, air conditioner. NO OTHER WARRANTIES This Limited Warranty is the only express warranty we give. Implied warranties, including but not limited to merchantability, fitness for the particular purpose, and habitability, are limited to the warranty period as set forth above. Some states do not allow limitation on how long an implied warranty lasts, so this limitation may not apply to you. This limited Warranty gives you specific legal rights, and you may also have over legal rights that vary from state to state. EXCLUSIONS FROM COVERAGE We do not assume responsibility for any of the following, all of which are excluded from the coverage of this Limited Warranty: 1. Defects in appliances and pieces of equipment that are covered by manufacturer' warranties. (We have assigned these manufacturers' warranties to you, and you should follow these procedures in these warranties if defects appear in these items.) 2. Damage due to ordinary wear and tear, abusive use or lack of proper maintenance of your home. 3. Driveways, walk ways, patio areas, retaining walls which are not necessary for the structural integrity of the home, fences, sprinkler systems, sodding, seeding or other landscaping, or any other improvement that is not a part of the home itself. 4. Insect damage. 5. Defects in, or caused by, materials or work done by anyone other than the Builder, his employees or (if requested by Builder) his subcontractors. 6. Any defect which does not actually result in loss or damage. 7. Loss or injury due to the elements. 8. Any loss that is caused by or made worse by failure to give notice to Builder within a reasonable period of time. 9. Any damage that is caused by or made worse by change of grade by anyone other then the Builder or (if requested by Builder) his subcontractors. 10. Consequential, incidental or secondary damages. 11. Defects which are the result of characteristics common to the materials used, such as (but not limited to) warping and defection of wood, fading, chalking and checking of paint due to sunlight, cracks due to drying and curing of concrete, stucco, plaster, brick and masonry, squeaks in plywood floors. CLAIMS PRECDURES Upon your taking possession of the home, any suspected defects should be reported directly to the Builder's office. Defects of any emergency nature (where damage may be worsened if prompt action is not taken) should be reported immediately to subcontractor and builder's office. Inquire with your Builder for the proper intervals to request non-emergency suspected defects. REPAIRS Upon receipt of the Purchasers' request for work covered by this Limited Warranty, the Builder will repair, replace or pay the Purchaser, the reasonable cost of repairing or replacing the defective item within 60 days after the request for work is received by the Builder (longer if weather, material shortages or labor stoppages interfere). There will be no cost to the Purchaser. The choice between repair, replacement or payment is the Builder's. TRANSFERABLE This warranty is extended to the original purchaser, assignment to subsequent buyers is not permitted without the express written permission of the builder. SUMMARY 1. The Builder will provide, after the final grade is established, fill dirt for settled areas around house or utility lines. ONE TIME ONLY during the warranty period. Dirt will be placed on city approach portion of driveway. Builder WILL NOT be responsible for any trees, grass, shrubs, fences or lawn sprinkler systems affected by any settled areas around house or utility lines. 2. Cracks in concrete floors in basement or garage shall be surface patched (or other methods of Builder's choice) if they exceed 3/16 inch in either horizontal or vertical displacement. Cracks of any size shall be patched if definite signs of moisture are evident. 3. Cracks in basement or foundation walls shall be surface patched (or other methods of Builder's choice) if they exceed 1/8 inch. Any crack showing evidence of moisture shall be patched. 4. Cracks in masonry work shall be "pointed up" or patched as necessary if crack exceeds 1/8 inch. Builder shall match mortar as closely as possible. 5. Builder will repair and/or caulk any cracks or joints in exterior wall surfaces ONE TIME ONLY during the warranty period. It is the nature of caulking to shrink and must be maintained by Homeowner. 6. Builder will repair or replace interior or exterior doors that warp more the 3/8 inch provided that the proper level of humidity has been maintained in the Home. This shall be done ONE TIME ONLY during the warranty period. Builder shall match finish of doors as closely as possible. 7. Condensation and/or frost on windows, unless attributed to faulty installation, is a condition beyond the Builder's control. There shall be no corrective action taken. The Builder assigns any manufacturers' warranties regarding windows and glass to the Purchaser. 8. Builder shall repair cracks in sheetrock walls or ceilings if they exceed 1/16 inch. Builder shall match surface as closely as possible but is not responsible for variations in paint color or texture. 9. Builder will repair cracks in ceramic tile grouting ONE TIME ONLY during the warranty period. Builder is not responsible for color variations or discontinued grout color. 10. Builder shall repair nail pops in vinyl flooring that break the surface. Ridges in vinyl flooring that exceed 1/8 inch shall be repaired. Gaps in seams exceeding 1/16 inch shall be repaired. Builder is not responsible for discontinued patterns or color variations. 11. Varnish or lacquer exterior wood finishes is not covered by this Limited Warranty. 12. Builder shall repair interior painted surfaces that are not sufficiently applied to visually cover the surface. Scratched, gouges, etc., are covered only to the extent that they are pointed out to Builder at the time of walk-through prior to closing. 13. Builder to repair chips in plastic laminate cabinet tops only if noted at time of walk-through prior to closing. 14. Builder to repair or replace kitchen cabinet doors that warp in excess of 1/4 inch. Builder shall match finish as closely as possible. 15. There will be some noise in water pipe supply and drain system. Builder shall remedy any excessive noise due the "water cocks" (All houses to be removed during freezing seasons to allow faucets to drain properly). Builder not responsible for frozen sill cocks due to Purchaser's negligence. 16. Builder shall not be responsible for any clogged sewers, fixtures or drains due to the owner's negligence. 17. Builder to repair any cracks or chips in fiberglass or porcelain surfaces only if noted during walk-through prior to closing. 18. Some cold air may enter the Home near the fireplace. This is a normal condition and the Builder's responsibility is to weatherproof as tightly as possible during construction and otherwise install fireplace according to manufacturers' instructions. 19. Slight drafts may occur from electrical receptacles. Builder has no responsibility except as previously noted. 20. Ground fault interrupter breaker(s) are used in compliance with local/national electrical codes. Tripping of these devices is to be expected and is not covered unless due to a construction defect, GFI breakers are not designed for use with appliances that need a continuous run such as freezers & refrigerators.