Builder’s Liability for New Home Defects

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 What Is a Home Builder’s Warranty?

A home builder’s warranty, or structural warranty, is a contract with the home builder. The home builder warranty specifies the home builder’s obligations related to quality of home construction and continuing obligations. This is considered a contract between the builder and the homeowner.

Under the agreement, the builder guarantees that a new home will be free from qualified structural defects for 10 years. Depending on the type of insurance, additional coverage may apply.

What Elements of a Home Are Covered Under a Home Builder’s Warranty?

Different home builders’ warranties come with separate coverage plans. The parties are responsible for reviewing all the coverage exclusions and other limitations. The home builder’s warranty is a cornerstone to understanding what parts of the home are covered under the agreement. Knowing this information earlier can help you plan and prepare for any future problems. Since all home builder warranty.

The following load-bearing items are covered in most home builder warranties:

  • Beams;
  • Girders;
  • Lintels;
  • Masonry;
  • Footings;
  • Columns;
  • Load-bearing walls and partitions;
  • Roof framing systems and;
  • Floor Systems.

A home is considered a costly purchase and requires a careful review of all the contracts that come into play. Knowing the various types of coverages and how they impact the home builder’s or the home warranty will help you determine if you have a claim in court in case of future home damages. Issues may arise with the builder, the warranty company, or other service contractors.

Typically, a builder warranty comes with new home construction or a remodel. It encompasses items known as the permanent part of the home, such as concrete floors, plumbing, or electrical work. Therefore, most newly built homes come with a builder warranty. However, a home warranty is mainly a service contract which costs extra. It applies to existing homes and covers replacements or repairs. A homeowner has to decide whether or not to purchase a home warranty.

How Does the Home Warranty Coverage Work?

The builder backs many home warranties. The builders purchase warranties from third-party independent companies. Moreover, the Federal Housing Authority (FHA) and the Department of Veterans Affairs (VA) mandate that all builders buy third-party warranties to protect buyers of newly built homes with FHA or VA loans. This creates a check on the builders and makes good practices for businesses in general.

Depending on the sort of coverage and the duration, builder warranties for newly built homes offer limited coverage. As stated earlier, they will protect items such as windows, heating, ventilation, air conditioning (HVAC), plumbing, and electrical systems. Below is a brief overview of how coverage may work for specific periods:

  • One year: Coverage for workmanship and materials on most components expires after the first year. For instance, most warranties on new construction cover siding and doors;
  • Two years: Coverage for HVAC, plumbing, and electrical systems is a maximum of two years, and;
  • Ten years: Some builders cover up to 10 years for “major structural defects,” defined as issues that make a home unsafe and place the owner in danger—for instance, a future roof collapse.

What Situations and Items Are Not Covered?

Even if you have a builder warranty, it may not cover all the items. Many warranties do not cover out-of-pocket expenses, and you must make arrangements if you expect to foresee major repairs due to construction defects. Typically, builder warranties do not cover the following expenses:

  • Any household appliances;
  • Small cracks in brick, tile, cement, or drywall and;
  • Components are covered under a manufacturer’s warranty.

What Is a Service Contract?

A service contract is not a warranty and can help you fix or maintain products such as appliances and air conditioning systems for a specific time like a warranty. You might find that some service contracts give you the same coverage you receive from the warranty included in the product’s purchase price. They are not as reliable, and repairs take longer.

How to Make a Warranty Claim?

According to the Federal Trade Commission, If there is a defect in your home that your warranty may cover, you can follow the steps outlined below to initiate the process of filing a claim. First, you should determine whether the warranty covers the issue you are dealing with.

Then, you can decide to file your claim by following the instructions in your warranty. Having the request documented in writing can be used for future reference. Additionally, it can serve as evidence once the company receives the request and signs it. Maintaining a record of the correspondence and conversations with the company is critical for any claims.

What Are Some of the Liability Challenges of Being a Home Builder?

As long as home builders have existed, they have faced issues. The challenge of being a home builder is that many contractors encompass the whole project. Many people consider A home a haven and fulfilling that for a home structurally may not always be easy.

Although the home-building business has evolved through many years, it still holds similar sentimental values. For instance, most homes are built mainly by hand rather than robotics. Home building has no assembly line, as seen in car manufacturing. Therefore, human error is possible and can occur during any time of the building process.

Additionally, some things are out of the builder’s control. A builder cannot possibly foresee all the possible issues that may arise in the building process. For example, when you initially place the home’s foundation, there are different kinds of soils, groundwater considerations, land gradients, and more. The same conditions never occur twice.

However, there is an expectation from lawyers and government officials that there must be a solution for when these variations result in construction defects.

Lastly, building codes and standards demand high-quality construction with as few problems as possible. This can be difficult to meet with all the moving parts of home building. Many players are involved in the home’s construction and development process. Here are some of the professionals you will need to cooperate with before starting the construction process:

  • A geotechnical engineer: reviews the subsurface conditions;
  • A civil engineer and surveyor: who will create and lay out any site improvements;
  • An architect: who will design the home itself and;
  • A structural engineer: who designs the foundation and framing of the home.

After the initial design phase, there are other moving parts. According to the National Association of Home Builders (NAHB), the following is the average home preparation process:

  • 22 subcontractors;
  • 250 people on site among subcontractors and materials providers;
  • 100,000+ physical parts and materials and;
  • 3–6 months from groundbreaking to completion.

Home builders have an extensive inventory to track and ensure all the parts are structurally sound. Any mistakes by any one of those people, or any defects within those hundreds of thousands of parts, can rapidly elevate the liability of a builder.

When Do I Need to Contact a Lawyer?

Building a home is a huge responsibility, and the builders must comply with all the regulations outlined within their respective states. As a homeowner, you can purchase a liability for any new home defects. This allows you to understand what to expect once you purchase a home.

Since multiple contractors are communicating with each other, issues can arise. If you face an issue regarding builders’ liability in a new home, please contact your local construction lawyer, who can assist you.

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