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.
The Kansas Home Builder's Warranty Agreement is a legal document that outlines the terms and conditions of a warranty provided by a home builder to a homeowner. It serves as a guarantee of the quality and workmanship of a newly constructed home or a home undergoing significant renovations in the state of Kansas. The Kansas Home Builder's Warranty Agreement provides homeowners with the assurance that any defects or issues with their new home will be addressed and rectified by the builder within a specified time frame. This agreement is crucial as it protects the homeowner's investment and ensures that they are not left to bear the financial burden of costly repairs or replacements. The main types of Kansas Home Builder's Warranty Agreement include: 1. Structural Warranty: This type of warranty covers any defects related to the structural integrity of the home, such as foundation, load-bearing walls, floors, and roof. It typically provides coverage for a specific period, usually 10 years, ensuring that any issues arising from poor workmanship or faulty materials are resolved by the builder. 2. Systems Warranty: The systems warranty covers essential components and systems within the home, such as electrical wiring, plumbing, heating, ventilation, and air conditioning (HVAC). If any of these systems fail or malfunction due to installation or manufacturing errors, the builder is responsible for repair or replacement during the agreed-upon warranty period. 3. Workmanship Warranty: This warranty focuses on the quality of the builder's workmanship and craftsmanship. It ensures that the home is built according to industry standards and that finishes, paintwork, and other aesthetic aspects are free from defects. The workmanship warranty typically lasts for a year or more, allowing homeowners to report any issues to the builder for repairs. 4. Appliance Warranty: Some builders may include an appliance warranty to cover any defects or malfunctions in the appliances provided by the builder. This warranty may be separate from the manufacturer's warranty and typically lasts for a limited period, such as one or two years. It is important for homeowners to carefully review the Kansas Home Builder's Warranty Agreement before signing it. They should understand the scope and duration of each warranty, as well as any exclusions or limitations mentioned. Additionally, homeowners should ensure that the builder is registered, licensed, and reputable in order to honor the terms of the agreement.
