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Repair of the following items is specifically excluded from the Contractor’s warranty when in compliance with local residential codes and with “Residential Construction Performance Guidelines, Fifth Edition”, Copyright 2015, National Association of Homebuilders:

• Damage resulting from fires, floods, storms or other Force Majeure events.
• Damage resulting from a malfunction of equipment or lines of a utility company.
• Damage resulting from lack of Owner maintenance.
• Damage resulting from Owner abuse or ordinary wear and tear.
• Deviations that arise such as minor cracking of concrete and spalling of concrete.
• Minor stress fractures in drywall and nail pops due to the curing of lumber.
• Minor warping and deflection of wood, shrinking/cracking of grouts and caulking.
• Fading of paints and finishes due to exposure to sunlight.
• Damage resulting from adverse weather conditions such as icing and attic frost.
• Damages resulting from mold or other agent.
• Materials furnished by the Owner for installation.

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The Owner understands that the sole remedies under this limited warranty agreement are repair and replacement as set forth herein. All manufacturer warranties on equipment and consumer products incorporated into the property such as air conditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall be assigned to Owner. The original buyer may not assign, transfer or convey this warranty without prior written consent of the Contractor.

The Owner shall have a duty of due diligence with respect to the express warranties contained herein. From time to time and just before the closing, the Owner or Owner’s agent shall inspect the house in the presence of the Contractor or Contractor’s representative. At final inspection and prior to occupancy, the Owner shall give the Contractor a signed punch-list that identifies any alleged deficiencies in the quality of work or materials. Owner shall notify the Contractor in writing not later than 11 months following substantial completion of items requiring warranty repair. The Owner should notify the Contractor earlier of items that need immediate attention to prevent damage to the structure or occupants.

The owner understands that the express warranties contained herein are in lieu of all other warranties, express or implied, including any warranties of merchantability, habitability or fitness for a particular use or purpose. Any implied warranty that exists despite this disclaimer is limited to a period of one (1) year. This limited warranty excludes consequential and incidental damages and limits the duration of implied warranties to the fullest extent permissible under state and federal law.