What is a Home Builder’s Warranty Agreement?
When a new construction home is completed by a home builder, the client should be confident that the manufacturer or seller they’ve hired will provide high-quality products and perform high-quality work. In the construction industry, client confidence becomes even more critical as the high standards expected of contractors directly impact safety. In such situations, warranty contracts come in handy.
A construction warranty is a legal document in which the contractor provides a covenant that guarantees to the client (homeowner) that they will perform all works following building codes and standards and project specifications without flaws or defects. Breaching such an agreement results in monetary recovery of related damages and costs for material replacement or reparation works to be carried out at the contractor's expense.
The Magnuson-Moss Warranty Act, a US federal law enacted in 1975, regulates warranty contracts. It states that while not all products and services require written guarantees, if parties conclude one, then such an agreement must comply with the Act. This law aims to prevent manufacturers from misleading clients with inappropriate and unfairly made disclaimers on the guarantees.
Types of warranties
There are two general types of contractor warranty agreements:
- Express warranty is a written or verbal guarantee from the seller that the purchased product is of a certain quality and that the seller can replace or repair it if there are any defects.
- Implied warranty is a guarantee that the purchased product operates as it should.
Builders’ warranties operate under another classification because of industry specifics:
- Time-based warranty is the contractor’s promise to provide a particular thing in a defined condition at a specified time (for example, to guarantee the construction is waterproof for a certain number of years).
- General warranty is a guarantee to perform defined works according to the project blueprints and specifications without a time reference.
Preparing a new Home builder warranty To complete your paperwork correctly, use a verified home builder’s timely-based guarantee agreement from the US Legal Forms library. This multi-state editable and printable legal template requires you to fill out the following information:
- Name and contact details of the contractor and the buyer;
- Newly-constructed house description;
- List of items that are under builder’s guarantees (can be expanded);
- List of items the builder doesn’t take responsibility for (can be changed);
- Name of the state that will govern the agreement.
Utah Home Builder's Warranty Agreement is a legal contract between a home builder and a home buyer, ensuring that the builder is responsible for any defects or issues in the newly constructed home for a specified period. This warranty agreement serves as a reassurance for homeowners, guaranteeing quality construction and providing protection in case of any problems that may arise after the purchase. The main objective of the Utah Home Builder's Warranty Agreement is to safeguard the rights and interests of both the builder and the homeowner. It outlines the responsibilities, obligations, and limitations of each party involved. This agreement typically covers a range of aspects, including structural integrity, mechanical systems, workmanship, and materials used during construction. Some key components usually included in a Utah Home Builder's Warranty Agreement are: 1. Structural warranty: This encompasses the foundation, load-bearing walls, roof framing, and other structural elements of the home. The warranty ensures that these components are free from defects and will remain structurally sound for a specified period, typically around 10 years. 2. Systems warranty: This covers the various mechanical systems of the home, such as electrical, plumbing, heating, ventilation, and air conditioning (HVAC). The builder guarantees that these systems will function properly and be free from defects for a specific duration, often around 2-5 years. 3. Workmanship warranty: This part of the agreement addresses any defects resulting from poor workmanship or substandard construction practices. It ensures that the builder will rectify any issues arising from inadequate installation, improper finishing, or other work-related problems for a designated period. 4. Material warranty: The Utah Home Builder's Warranty Agreement generally includes a warranty on the materials used in the construction of the home. This ensures that the materials used are of acceptable quality and free from defects. In addition, there may be different types of Utah Home Builder's Warranty Agreements available, such as: 1. Limited warranty: This is a warranty that covers specific items or components of the home for a limited time frame. It may only include structural elements or mechanical systems and may have shorter coverage periods compared to comprehensive warranties. 2. Comprehensive warranty: This type of agreement provides extensive coverage, encompassing a wide range of components and systems within the home. It offers longer coverage periods for comprehensive protection against defects and construction issues. 3. Extended warranty: Some home builders may offer extended warranties that go beyond the standard coverage duration. These agreements may be provided as an additional option for homeowners who desire an extended peace of mind. In conclusion, the Utah Home Builder's Warranty Agreement is a crucial document that safeguards the interests of both home builders and homeowners. It provides assurance for quality construction and offers protection in case of any problems. Understanding the different types of warranties available can help home buyers make informed decisions, ensuring they choose the most suitable warranty agreement for their needs.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
