Construction Warranty Requirements
Construction Warranty Requirements
Prepared By: [YOUR NAME]
Date: [DATE]
I. Introduction
This Construction Warranty Requirements document outlines the obligations of the contractor or builder to repair or rectify defects in workmanship or materials for a specified period after the project’s completion. It ensures that the construction adheres to agreed-upon standards and provides a guarantee against defects or issues that may arise, thereby protecting the interests of both the property owner and the contractor.
II. Scope of Warranty
The warranty covers specific types of defects or issues in workmanship or materials used in the project, as detailed below:
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Type of Defect |
Coverage Details |
|---|---|
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Structural Defects |
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Material Defects |
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Workmanship Defects |
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III. Duration
The warranty provided for the project remains in effect for two years starting from the date when the project reaches a state of substantial completion. This substantial completion date signifies the commencement of the warranty period and is defined as the point in time when the project is considered to be sufficiently complete according to the agreed-upon specifications, thereby allowing the owner to utilize the project as intended.
IV. Exclusions
A. General Exclusions
The warranty does not cover the following conditions or defects:
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Normal Wear and Tear: The typical deterioration due to everyday use and the aging of the property, including small scratches, scuffs, and overall surface and finish wear.
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Damage from Natural Disasters: Any harm caused by unpredictable natural disasters such as earthquakes, floods, or hurricanes.
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Unauthorized Modifications or Repairs: Issues from alterations or repairs by anyone other than the contractor or authorized reps, affecting the structure, design, or function of the original work.
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Neglect or Improper Maintenance: Damage or defects caused by the property owner's negligence or failure to perform regular maintenance.
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Structural Failures Due to External Factors: Defects or damages caused by unexpected soil settling, environmental factors, or updates in building regulations.
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Damage from Contaminants or Hazardous Materials: Problems arising from contact with toxic substances, contaminants, or dangerous materials that were not anticipated or present when the construction occurred.
V. Claim Procedures
A. Reporting
To pursue a warranty claim, the claimant must submit a detailed written report to the contractor within 30 days of discovering the defect, including descriptions, photographs, and supporting documents to ensure the contractor fully understands and can address the issue.
B. Handling
Upon receiving a warranty claim, the contractor will proceed to undertake the following comprehensive series of actions:
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Submit Written Notification: The owner submits written notification of the defect, including supporting documentation.
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Assessment and Acknowledgment: The contractor acknowledges receipt of the claim within 10 business days and schedules an assessment.
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Inspection and Evaluation: The contractor inspects and evaluates the defect within 15 business days to determine if it falls within the warranty coverage.
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Repair or Replacement: Should the defect fall under the warranty, the contractor will handle the required repairs or replacement of the faulty work without incurring any extra charges for the client.
VI. Obligations of the Contractor
The contractor is responsible for performing necessary repairs or replacements of covered defects at no additional charge to the client within the warranty period. The contractor must ensure that all repairs are carried out professionally and meet the same quality standards as the original work.
VII. Limitations of Liability
The contractor’s liability is limited to direct costs associated with the repair or replacement of defects covered by the warranty. The contractor’s financial responsibility shall not exceed $50,000, excluding any indirect, consequential, or incidental damages.
VIII. Legal and Compliance Information
The warranty provided herein complies with all relevant local, state, and federal laws and regulations governing construction warranties. In the event of a dispute arising from this warranty, the matter shall be subject to the jurisdiction of the Superior Court of [Your County], and any legal actions must be filed within 6 months from the date the dispute arises.
