Damaged Items Not Appearing on Final Walk-Through List
EXPRESS LIMITED WARRANTY
Warranty Identification Number 12916
AGREEMENT
This warranty constitutes the full and only contractual agreement between Wright Homes, Inc. herein referred to as the Builder and the Owner(s)/ Purchaser(s)/ Homeowner(s)/ Buyer(s) as listed on the Certificate of Express Limited Warranty. Any other implied warranties not incorporated herein are void and of no force and effect. It cannot be modified by any prior oral or written agreement or subsequent oral agreement. This warranty shall set precedence over and shall supercede any other warranties of any kind.
DEFINITIONS
You and Your means the person(s) who holds title to the Home. Home means the dwelling and garage. Builder means the Builder as listed on the Certificate of Warranty Coverage. Effective Date of Warranty for Speculatively Built Homes will begin on the date of closing and continue for 364 consecutive days and expire at midnight on that particular day. Effective Date of Warranty for Contract Built Homes shall begin on the date of substantial completion and continue for 364 consecutive days and expire at midnight of that particular day. Certificate of Express Limited Warranty Coverage is the document which provides proof of warranty coverage for a certain address and the coverage provided by the Builder. Limited Warranty means the warranty described by the terms and provisions contained within this Warranty Booklet. Certificate of completion is the document which provides proof your house was completed at the time of closing. Warranty Term is the period during which a warranted defect must first occur in order to be covered hereunder, and is that period which begins on the Effective Date of Warranty as defined above and ends at midnight 364 days thereafter. Warranty Limit, is the sum total for which Wright Homes, Inc. is obligated by this warranty, as described under the heading of Monetary Limitations for Claims (Warranty Limits). One time only refers to the number of trips made to do a particular repair. There will be a charge for any additional trips. Defect is defined in each instance as a failure to meet the standards of the Builder for workmanship and systems as set forth in this Agreement. Structural Defect is defined as actual physical damage to the designated load-bearing elements of the Home caused by failure of such load-bearing elements which affects their load-bearing functions to the extent that your Home becomes unsafe, unsanitary, or otherwise unlivable. This is coverage for catastrophic failure of load-bearing elements of your Home. The designated load bearing elements that are covered under this Structural Defect warranty are: Footings and Foundation systems; Beams; Girders; Lintels; Columns; Walls and partitions; Roof framing systems; and Floor systems. (Exception: Failures caused by seismic movement or settling of the supporting ground is excluded.) Note: The terms Expressed Limited Warranty, Limited Warranty and Warranty are one and the same.
Examples of elements not covered by this Structural Defect warranty which are deemed NOT to have Structural Defect potential are: Non-load-bearing partitions and walls; Wall tile or paper, etc.; Plaster, laths, or drywall; Flooring and sub-flooring material; Brick, stucco, stone or veneer; Any type of exterior siding; Roof shingles, roof tiles, sheathing, and tar paper; Heating, cooling, ventilating, plumbing, electrical and mechanical systems; Appliances, fixtures or items of equipment; Doors, trim, cabinets, hardware, insulation, paint, stains; and Basement and other interior floating, ground-supported concrete slabs. (Note: Failures contributed by seismic movement or settling of the supporting ground is excluded.)
EXPRESS LIMITED WARRANTY: ONE YEAR WORKMANSHIP, SYSTEMS, AND STRUCTURAL
For 364 days from the Effective Date of Warranty, Wright Homes warrants that your Home will be free from Defects in materials and workmanship as defined in the Warranted Items section of this warranty; and for 364 days from the Effective Date of Warranty, Wright Homes warrants that Your Home will be free from Defects in the electrical, plumbing, and mechanical distribution systems to the extent stated in the same.
REPORTING A LIMITED WARRANTY DEFECT
If you believe your home has a defect that is covered under Wright Homes One Year Limited Warranty, which occurred during the applicable Warranty Term, you must fill out the Warranty Service Claim Form, as attached to this warranty. On this form you must list the specific warranty Defect(s), the date the Defect(s) occurred, page number and paragraph reference to its location in this warranty and itemize the deductible for each item (see Deductible on Page 3. Do this as soon as you notice a warranty problem and before your Warranty Term expires. Wright Homes should repair or, at its option, pay to you their cost of repairs of these Defects.* Once you have filled out a Warranty Service Claim Form, the repairs will be made within sixty (60) days of the date Wright Homes receives the Warranty Service Claim Form except in instances of unavoidable circumstances. On items that require ordering of special parts or materials, repairs may take an additional (30) days.
To file a warranty claim:
1. Complete the Warranty Service Claim Form included with this Warranty and enclose the appropriate deductible (see Page 3 of 16).
2. Send one copy of the Warranty Service Claim Form along with a check for the deductibles to:
Wright Homes, Inc. P.O. Box 429 McCalla, AL 35111. Also Wright Homes can be reached at (205)477-6700; or email wrighthomesinc@.
3. Contact Wright Homes Warranty Claims Department to confirm receipt of the Warranty Service Claim Form that you sent. (Note: Receipt of a claim does not constitute an obligation on the part of Wright Homes, Inc.. Wright Homes, Inc. reserves the right to review the claim to make sure it is covered by the warranty.)
Note: Within a few days you will receive a letter from Wright Homes explaining your responsibility to coordinate a day and time for the person or persons responsible for making the repairs. You will have 14 days to make your home accessible to the workmen otherwise, Wright Homes, inc. is no longer obligated. Repairs will only be made during regular business hours, Monday through Friday unless another time is requested by the contractor. Inspections and or work performed during any other hours will be charged to you at the rate of $ 85.00 per hour for each workman.
4. When the repair is made for the warranted claim you will be required to sign the form indicating that the workman has been there and return it to Wright Homes within 3 days via U. S. Mail.
We recommend that you send the Warranty Service Claim Form to Wright Homes by certified mail, return receipt requested. All of the steps above must be completed to insure that your complaint is handled in a timely manner. We cannot initiate work on your warranty problem with a phone call, we must have written documentation. In addition, Wright Homes must receive your Warranty Service Claim Form no later than the expiration date of the warranty. Complaints filed after that date will be denied. If you are unable to resolve your warranted differences you may arbitrate your dispute (see ARBITRATION). Wright Homes will provide a form to request arbitration after you have followed the above procedure. You must then follow the rules of arbitration as listed in this warranty. The arbitration service will be selected by Wright Homes.
NOTE: Wright Homes will not reimburse you for any repairs you make, inspections or testing.
WHAT TO DO IN THE CASE OF AN EMERGENCY
An emergency is a condition that if not immediately repaired may cause danger to the home or its occupants. If you have a One Year Limited Warranty coverage emergency, you must contact Wright Homes immediately. If you are unable to contact Wright Homes for emergency authorization, 1) you must make minimal repairs until authorization for more extensive repairs has been approved by Wright Homes, 2) you must take action in order that further damage can be mitigated, and 3) you must report the emergency to the Wright Homes on the next business day. In the case of emergency of systems failure after hours you may contact the sub-contractor directly to see if a repair can be made. This warranty states that all repairs will be made during normal business hours, therefore after hours repairs may involve additional charges to the homeowner.
In the case of a structural failure emergency do not make repairs before Wright Homes has an opportunity to inspect the structural defect. Doing so will make it impossible for Wright Homes to assess whether the structural defect was covered by this warranty. Wright Homes will not reimburse you for repairs that you have made.
CONDITIONS
WAIVER OF IMPLIED WARRANTIES. You have accepted the Limited Warranty provided in this Warranty Booklet, and all other warranties or implied warranties, including any oral or written statements or representations made by Wright Homes or any implied warranty of habitability, workmanlike construction, satisfaction, merchantability or fitness, are hereby disclaimed by Wright Homes and are hereby waived by You to the extent possible under the laws of the state of Alabama.
EXCLUSIVE REMEDY AGREEMENT. Effective one year from the Date of Warranty, you have waived the right to seek damages or other legal or equitable remedies from Wright Homes, its subcontractors, agents, vendors, suppliers, design professionals and material men, under any other common law or statutory theory of liability, including but not limited to negligence and strict liability. The agreement contained in this paragraph shall be enforceable to the maximum extent permitted by the law of the state of Alabama in which the home is located, and shall be applicable to any claim thereafter made against Wright Homes or any other person. Your only remedy in the event of a defect in or to Wright Homes or in or to the real property on which your home is situated is as provided to you under this Limited Warranty. This paragraph shall not be applicable to any written warranty provided by a manufacturer or vendor who has supplied any appliance or component for the home.
In the event any provision of this Limited Warranty is determined to be unenforceable, that determination will not affect the validity of the remaining provisions. The aggregate obligation of Wright Homes for all claims under this Warranty is equal to the Warranty Limit (read section on Monetary Limitations for Claims). This means that every time Wright Homes pays a claim or pays for a repair, that payment is deducted from the Warranty Limit, and when the Warranty Limit is exhausted, you no longer have any Warranty coverage. The Warranty is not an insurance policy, a maintenance agreement or service contract. If you have a mortgage on Your Home, Your lender may insist that you have a homeowner’s insurance policy, and this is not it.
REPAIR
Wright Homes shall have the option to repair, replace or pay you its reasonable cost of repair of any covered defect or structural defect but not to exceed the warranty limits (See section on Monetary Limitations for Claims). The method and manner of such repairs shall be made at the sole discretion of Wright Homes. You are responsible for any damage to any improvements, fixtures or property not constructed by Wright Homes which is damaged by, or during the repair of a covered defect or structural defect and you shall pay for the cost of repair of such improvement, fixture or property necessitated by the repair of a covered defect or structural defect. You are also responsible for consequential damages, since incidental damages are not covered by this warranty. No repair shall extend the term of the Limited Warranty as to any covered defect or structural defect, including without limitation, the defect or structural defect which was the subject of the repair. Before Wright Homes repairs or pays for the repair of a claim, you must assign to the Builder any rights you may have against any other person or company with respect to the claim. You shall do nothing to prejudice these rights of subrogation. At the time of payment for reasonable cost of repairs or repair or replacement of warranted items, you must sign and deliver to Wright Homes a full and unconditional release of Wright Homes, in recordable form, of all legal obligations with respect to the warranted items and condition arising there from. The repair of a structural defect consists of, and is limited to: 1) repair of damage to the load-bearing portions of your home necessary to restore their load-bearing function, 2) repair of those non-load-bearing portions damaged by the structural defect and whose repair is necessary to make your home once again safe, sanitary, or otherwise livable, and 3) repair and cosmetic correction of only those surfaces, finishes and coverings, original with the home, damaged by the structural defect or which require removal and replacement to repair the structural defect or to repair other damage directly attributable to the structural defect. Repairs are intended to restore the home to approximately the condition just prior to the structural defect, but not necessarily to a like-new condition. Wright Homes costs of designing, accomplishing and monitoring repairs to your home (or payments to you or to another instead) are deducted from your home’s warranty limit. Wright Homes costs of determining the existence and/or extent of a covered Defect or Structural Defect are not deducted.
(Note: Structural failures contributed by seismic movement or settling of the supporting ground are excluded.)
A DEDUCTIBLE of $45.00 for EACH item will apply to deficiencies covered by this warranty but does not apply to items listed on the Pre-Closing Walk Through. The deductible must be included with the warranty service claim form when requesting service. A deductible of 1% of the sales price, excluding land value at the time of closing will apply to structural defect claims.
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ACCESS TO YOUR HOME
In order for Wright Homes to carry out their responsibilities under this Agreement, they will require access to your home from time to time. By signing the Limited Warranty or by using the coverage provided by the Limited Warranty You hereby agrees to grant access to Wright Homes and their agents and contractors during normal business hours to inspect, repair and conduct tests in your home as in their judgment may be required. Failure to allow access to your home will void the Limited Warranty.
Warning: In the event that Wright Homes or its agents or sub-contractors feel threatened or endangered, Wright Homes will no longer be obligated to the terms and conditions of this warranty.
ARBITRATION
Any and all claims, disputes and controversies by or between the homeowner and Wright Homes, arising from or related to this Warranty to the subject home to any defect in or to the subject home or the real property on which the subject home is situated, or the sale of the subject home by the Builder, including without limitation, any claim of breach of contract, negligent or intentional misrepresentation or nondisclosure in the inducement, execution or performance of any contract, including this arbitration agreement, and breach of any alleged duty of good faith and fair dealing, shall be settled by binding arbitration. Agreeing to arbitration means you are waiving your right(s) to a jury or bench trial, thus waiving your right to litigate or sue Wright Homes, its agents, its principals, its employees, and its contractors.
The arbitration shall be conducted by the American Arbitration Association pursuant to its Construction Industry Arbitration Rules in effect at the time of the Effective Date of Warranty or at Wright Homes choice, the Better Business Bureau of Central Alabama, pursuant to its applicable rules in effect at the time of the Effective Date of Warranty. The choice of arbitration service shall be that of Wright Homes. Any dispute concerning the choice of an arbitration service shall be submitted to a court of competent jurisdiction, which shall have authority to enforce this paragraph.
This arbitration agreement shall insure to the benefit of, and be enforceable by, Wright Homes, its subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be responsible for any defect in or to the subject Home or the real property on which the subject Home is situated. Wright Homes shall be entitled to recover reasonable attorney's fees and costs incurred in enforcing this arbitration agreement. The decision of the arbitrators shall be final and binding and may be entered as a judgment in any State or Federal court of competent jurisdiction.
This arbitration agreement shall be deemed to be a self-executing arbitration agreement. Any disputes concerning the interpretation or the enforceability of this arbitration agreement, including without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver, estoppel or laches, shall be decided by the arbitrator.
The initiation of or participation by any party in any judicial proceeding concerning this arbitration agreement or any matter arbitrable hereunder shall not be deemed a waiver of the right to enforce this arbitration agreement, and notwithstanding any provision of law to the contrary, shall not be asserted or accepted as a reason to delay, to refuse to participate in, or to refuse to enforce this arbitration agreement.
The arbitrators shall possess sufficient knowledge in the residential construction industry as determined by the arbitration service. There shall be three arbitrators of which two shall have sufficient knowledge of residential construction. The arbitration hearing shall occur at a time and place designated by Wright Homes, Inc.
All administrative fees of the arbitration service and fees of the arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the arbitrator to reallocate such fees in the interests of justice. Other fees such as engineering cost, attorney fees, home inspection fees and any other fees in addition to the cost of arbitration shall be borne by the homeowner alone.
Wright Homes shall have the right, in advance of the arbitration proceeding, to perform inspections which is the subject of the arbitration proceeding. No arbitration proceeding shall involve more than one single-family detached dwelling. The arbitration proceeding shall be limited to the original claim(s). Wright Homes shall be given at least thirty (30) days prior to the date of arbitration to make its inspections.
The parties expressly agree that this Warranty and this arbitration agreement involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding.
If any provision of this arbitration agreement shall be determined by the arbitrator or by any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable there from and enforceable according to their terms.
MONETARY LIMITATIONS FOR CLAIMS (WARRANTY LIMIT)
Structural defects as described in this warranty: Should the Builder elect to settle a structural defect claim rather than making repairs, the amount of the settlement shall not exceed the Builder’s actual cost of repairs or two and one half percent of the cost of construction excluding land, whichever is less. The monetary ceiling for structural defects for the entire term of the limited warranty shall not exceed the Builder’s actual cost of repairs or five percent of the total cost of construction excluding land, whichever is less. (Note: failures caused by seismic movement or settling of the supporting ground are excluded. Read section on Exclusions.)
Other defects as described in this warranty: Should the Builder elect to settle a claim rather than making repairs, the amount of the settlement shall not exceed the Builder’s actual cost of repairs or $1,000.00 which ever is less. The monetary ceiling for defects other than structural defects for the entire term of the limited warranty shall not exceed the Builder’s actual cost of repairs or $ 1,000.00 which ever is less.
WARRANTIES TRANSFERABLE
All of your rights and obligations hereunder shall fully transfer, up to the remaining amount of the Warranty Limit, to each successor in title to the home, including any mortgagee in possession, for the remainder of the Warranty Term and any such transfer shall in no way affect or reduce the coverage under this Limited Warranty for its unexpired term. There is no limit to the number of such transfers during the Warranty Term; any cost in the transferring of the Limited Warranty will be determined by Wright Homes. If you sell your home during the Warranty Term, you agree to give this Limited Warranty to your buyer, to inform your buyer of warranty rights and to make it possible for the buyer to fulfill the obligations under the terms of this Limited Warranty. If you are a successor owner of the home (that is, an owner other than the original purchaser), you must contact Wright Homes and sign a contractual agreement to the Transfer of Limited Warranty provided by Wright Homes. You must also pay a $750.00 transfer fee to Wright Homes. Your home will then benefit from the remaining coverage provided by this Limited Warranty. Likewise, you are also bound by all the terms and conditions of the Limited Warranty including but not limited to claims procedures and participation in arbitration. Warranty Transfers are subject to additional terms and conditions as well as transfer fees, claim deductibles, and deadline to transfer.
YOUR OBLIGATIONS
The Warranty coverage pays for the cost of labor and materials to correct a covered defect or structural defect. YOUR OBLIGATION IS TO CARE FOR YOUR HOME IN SUCH A WAY AS TO PREVENT OR MINIMIZE DAMAGE TO IT. You should be aware that all new homes go through a period of settlement and movement. During this period, your home may experience some minor material shrinkage, cracking and other events which are normal and customary. Remember that you are responsible for proper maintenance of your home. You are also responsible for maintaining builder-set grades around home, planting trees and shrubs at the proper distance and conforming to generally accepted landscape practices for your region.
Wright Homes does not provide coverage for ROUTINE MAINTENANCE. Beginning with the date of completion, your home will begin to age. With aging comes deterioration. You are obligated and responsible for maintaining every part of your home such as, but not necessarily limited to the following: bathtubs, floors, paint, caulk, silicone, light fixtures, light bulbs, locksets, countertops, sealants, appliances, drywall, drywall fasteners (nails, screws) , drywall corners, cabinetry, garage doors and openers, interior trim, handrails, banisters, doors and their adjustments, exterior siding, trim and doors, Porches, decks, their banisters, columns and floors, the structure itself, heating and cooling systems, roofing, brick, stone, all flashing, bath fixtures, mirrors, bath accessories, other accessories included with the house, windows, screens, concrete and its cleaning and sealants, landscape and lawn maintenance and the general day to day cleaning necessary to maintain your home. Keep in mind that your home will begin to age at completion resulting in deterioration which requires maintenance. These are your responsibility.
EXCLUSIONS
THIS LIMITED WARRANTY DOES NOT PROVIDE ANY COVERAGE FOR THE FOLLOWING ITEMS, WHICH ARE SPECIFICALLY EXCLUDED.
1. Damage to land and other real property that was not part of Your Home, or any property that was not included in the purchase price.
2. Swimming pools and other recreational facilities; driveways; boundary walls, retaining walls and bulkheads (except where boundary walls, retaining walls and bulkheads are necessary for the structural support of the Home); fences; landscaping (including sodding, seeding, shrubs, trees, and plantings); sprinkler systems, irrigation systems, porches, stoops, decks, patios, stairs, steps, outbuildings, detached carports, or any other appurtenant structure or attachment to the dwelling; or other additions or improvements not a part of Your Home;
3. Materials or components that are produced without a manufacturer’s warranty, including but not limited to commodities such as cedar, southern yellow pine, spruce, fir, pressure treated lumber, and those components that are produced outside the boundaries of the United States;
4. Loss or damage which arises while Your Home is being used primarily for nonresidential purposes;
5. Changes in the level of underground water table which were not reasonably foreseeable at the time of construction of Your Home;
6. Moisture, water or hydraulic pressure under concrete slabs or floors due to ground and or soil saturation and drainage issues; Wright Homes, Inc. assumes NO liability for any kind of drainage issues;
7. Failure of Wright Homes to complete construction;
8. Defects, incomplete work, anything missing that was not included on the final walk-through list (punch lists);
9. Noncompliance with plans and specifications; violations of local or national building codes, ordinances or standards;
10. Any condition which has not resulted in actual physical damage to Your Home;
11. Any loss or damage, including but not limited to, loss or damages from the components of building materials, that is caused or made worse by any of the following causes, whether acting alone or in sequence or concurrence with any other cause or causes whatsoever, including without limitation:
a. Negligence, improper maintenance, defective material or work supplied by, or improper operation by, anyone other than Wright Homes or its employees, agents or subcontractors, including failure to comply with the warranty requirements of manufacturers of appliances, equipment or fixtures;
b. Your failure to give prompt and proper notice to Wright Homes of any defect;
c. Change of the grading of the ground that does not comply with accepted grading practices, or failure to maintain the original grade;
d. Riot or civil commotion, war, terrorism, vandalism, hurricane, tornado or other windstorm, fire, explosion, blasting, smoke, water escape, tidal wave, flood, hail, snow, ice storm, lightning, falling trees or other objects, aircraft, vehicles, mudslide, avalanche, earthquake, or volcanic eruption;
e. Abuse or use of Your Home, or any part thereof, beyond the reasonable capacity of such part for such use;
f. Microorganisms, fungus, decay, wet rot, dry rot, soft rot, rotting of any kind, mold, mildew, vermin, termites, insects, rodents, birds, wild or domestic animals, plants, corrosion, rust, radon, radiation, formaldehyde, silica, sulfur, asbestos, any solid, liquid or gaseous pollutant, contaminant, toxin, irritant or carcinogenic substance, whether organic or inorganic, and electromagnetic field or emission, including any claim of health risk or un-inhabitability based on any of the foregoing;
g. Your failure to minimize or mitigate any defect, condition, loss or damage as soon as practicable;
12. Any loss or damage caused by buried debris, underground springs, sinkholes, mineshafts or other anomalies,
whether past, present or future are not covered by this warranty.
13. Any defect or damage You knew about prior to the Effective Date of Warranty;
14. Any request for warranty performance submitted to Wright Homes after an unreasonable delay or later than the expiration of the applicable Warranty Term;
15. Loss caused, in whole or in part, by any peril or occurrence for which compensation is provided by
state legislation or public funds; Costs of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or any other costs due to loss of use, inconvenience, or annoyance;
16. Diminished market value of Your Home;
17. Any and all consequential losses or damages. Also including without limitation, any damage to property not covered by this Warranty, any damage to personal property, any damage to property which You do not own, any bodily damage or personal injury of any kind, including physical or mental pain and suffering and emotional distress, and any medical or hospital expenses, or lost profits.
18. Consequential damage(s) and/or Incidental damage(s) of any kind, also including but not limited to a homeowners
personal contents and valuables, temporary storage of personal property while repairs are being made, temporary storage of personal property while repairs are being made, lodging expenses during time of repairs, lost wages for time spent away from work, payment for mental anguish, medical bills and damage awards for personal injuries, cost of inspections, expenses of third party repairs, legal fees, or any other similar problems or expenses as a result of a warranty claim or dispute.
19. Damage resulting from fire, floods, storms, lightening, electrical malfunctions, accidents, or acts of God.
20. Damage from alterations, misuse, or abuse of the covered items by any person.
21. Damage resulting from home buyer’s failure to perform reasonable home maintenance.
22. Damages resulting from the buyer’s failure to observe any operating instructions furnished by the builder at the time of installation.
23. Damage resulting from a malfunction of equipment or lines of the telephone, gas, power, cable, satellite, sewer, or water companies.
24. The inability of a utility company (water, power, gas, sewer, cable, satellite, etc, etc) to provide you with adequate and uninterrupted service. This also applies to private on-site utility sources.
25. Anything listed as non-warrantable conditions that are incorporated into this contract, or on to the build sheet, or in the construction sales contract.
26. Anything furnished or installed by the buyer.
27. Any appliance, piece of equipment, or other items that are a consumer product for the purpose of the Magnuson- Moss Warranty Act, 15 United States Code § 2301 et seq., installed or included in the buyer’s property. Examples of consumer products include, but are not limited to, dishwasher, garbage disposer, gas or electric range, range hood,
refrigerator, microwave oven, trash compactor, garage door opener, washer, dryer, water heater, furnace, heat pump, log lighters, garden tub pump, sump pump, septic/ sewage pump, or irrigation controls. The only warranties for any appliance, pieces of equipment, or other items considered to be a consumer product for the purposes of the Magnuson Moss Act are those provided by the products’ manufacturers.
a. Wright Homes assigns (to the extent that they are assignable) and conveys to the buyer all warranties provided to the builder on any manufactured items that have been installed or included in the buyer’s property. The buyer accepts this assignment and acknowledges that Wright Homes’ only responsibility relating to such items is to lend assistance to the buyer in settling any claim resulting from the installation of the products, installed by the builder.
b. Wright Homes provides manufacture’s warranty information on select items, since all warranty information is not provided to the builder the buyer may need to find warranties attached to the product, or found with the product, or contact the manufacturer for more information pertaining to their warranty, if any.
c. Wright Homes does not warrant damages caused by the malfunction of any consumer product, appliance, or equipment installed by the builder or the Builder’s subcontractor, repair person or homeowner.
28. Anything broken by anyone other than an employee of Wright Homes that is a part of the original construction of the house.
29. Damages caused by seismic movement, settling of the supporting ground, sink holes, mining and any contributing factor that would cause structural damage including the footing, foundation, brick and damage to concrete flat work, porches, patios, steps and the like are not covered by this warranty.
30. Noises of any kind: It is not uncommon for certain noises to occur. Some are due to moving parts, some may be caused by movement of water and some by wind.
31. Odors of any kind from any source and any side effects caused by such.
32. Errors and omissions arising from design and implementation.
33. Exclusions listed on the construction contract.
34. Any and all exclusions set forth in Construction Performance Guidelines.
The Limited Warranty covers only those Defects and Structural Defects which first occur during the Warranty Term; any Defects or Structural Defects You knew about prior to the Effective Date of Warranty such as “walk-through” or “punch-list” items are not covered. The Limited Warranty does not apply to any manufactured item such as appliances, fixtures, equipment (except as specifically defined in the Construction Performance Guidelines) or any other item which is covered by a manufacturer’s warranty, nor does it cover systems Defects that are caused by failure of any such manufactured item. Appliances and items of equipment not covered by this Limited Warranty, include but are not limited to; air conditioning units, attic fans, boilers, burglar alarms, carbon monoxide detectors, smoke detectors, fire detectors, ceiling fans, central vacuum systems, chimes, dishwashers, dryers, electric meters, electronic air cleaners, exhaust fans, fire alarms, fire protection sprinkler systems, freezers, furnaces, garage door openers, garbage disposals, gas meters, gas or electric grills, heat exchangers, heat pumps, humidifiers, intercoms, oil tanks, propane tanks and pressure regulators, outside lights or motion lights not attached to the Home, range hoods, ranges, refrigerators, sewage pumps, solar collectors, space heaters, sump pumps, thermostats, trash compactors, washers, water pumps, water softeners, water heaters, whirlpool baths, whole house fans, ceiling fans and light fixtures.
CONSTRUCTION PERFORMANCE GUIDELINES
The following Construction Performance Guidelines (Warranted Items) are standards that have been developed and accepted by the residential construction industry in general. They apply only to the One Year Workmanship and Systems Warranties. While it is virtually impossible to develop Construction Performance Guidelines for each possible deficiency, Wright Homes have attempted to isolate the most common actual physical damage deficiencies that occur and in so doing, list the extent of Wright Homes and Your responsibility. Where a specific Construction Performance Guidelines has not been specified, the guidelines found in the publication Residential Construction Performance Guidelines 2nd Edition-Contractor Reference, National Association of Home Builders (NAHB), 2000, will apply. However, Wright Homes Limited Warranty will set precedence over this publication.
Copies of Residential Construction Performance Guidelines 2nd Edition-Contractor Reference, National Association of Home Builders (NAHB), 2000, may be special ordered through most book retailers, or purchased directly from the NAHB Bookstore by calling 1-800-223-2665. The NAHB Bookstore may also be reached online at . If an item is not covered in that publication, locally accepted trade practices of the construction industry will be used.
The following Construction Performance Guidelines are expressed in terms of required standards that Wright Homes’ construction should meet. Noncompliance with these construction standards calls for corrective action by Wright Homes. Wright Homes will try, to its best ability, to match and replace with your original choice of colors and materials, except where you custom-ordered the items. Wright Homes cannot be responsible for discontinued items, changes in dye lots, colors or patterns, or items ordered outside of the original construction.
Refer to other parts of this Booklet for specific terms, definitions, exclusions and conditions that apply to the Limited Warranty.
Normal wear and deterioration is not covered under the Limited Warranty. Failure of Wright Homes to perform any washing, cleaning, or cleanup are not covered under the Limited Warranty.
Pre Closing Final Walk-Through
The purpose of the Pre Closing Walk-Through is to list any defects and specific issues on the Walk-Through Form. The completed form will then be reviewed by Wright Homes to determine the validity of requested repairs.
During the Walk-Through, Wright Homes will give you a brief orientation of your new home and some of the maintenance items that may need attention over time. All deficiencies or incomplete items should be noted on the Walk-Through Form. At the time of the Walk-Through the Builder may still be in the process of completing construction of the house. A generalization of any incomplete work or anything missing should be listed on the Walk-Through Form. All items listed must be visible at a distance of six feet away from the deficiency and under normal lighting conditions. Inspection standards such as normal lighting, required viewing distance and heights will by strictly enforced. Abuse resulting in damages by the homeowner during the walk thru is not covered by this warranty.
It is your responsibility to make a complete and thorough inspection during the Walk-Through and list any specific items of concern on the Final Walk-Through Form. These items will not be covered under Wright Homes Limited Warranty. These items are contractual items and are not a Warranted Claims. Each defect or specific issue will be reviewed by Wright Homes and approved or rejected in accordance with your contract, the cost breakdown sheet or build sheet (if any), the mini-plan (if any), the building plans (if any), this Limited Warranty, and the Construction Performance Guidelines. A copy of this completed form will be given to you after the Walk-Through. Wright Homes will complete these items according to its interpretation of the requested work and only if it meets the guidelines established by Wright Homes.
Independent, licensed home inspectors have no jurisdiction. There are no provisions in the Construction Contract and Sales Agreement therefore the Builder assumes no obligations.
Damaged Items Not Appearing on Final Walk-Through List
Wright Homes does not cover accidental damage done to the home after closing. Wright Homes therefore requires its construction representatives to note all damaged items on the Walk-Through Form. Wright Homes does this to avoid having to repair items that may be damaged by homeowners after closing. The homeowner is therefore strongly encouraged to inspect the home carefully prior to "signing off" that it is acceptable. Damage typically includes, but is not limited to, dents, scratches, cracks and chips to various finishes:
Homeowner Payment Required to Complete Work. If a homeowner requests service on a damaged item that did not appear on the walk-through list, Wright Homes reserves the right to charge a fee for such work. If such a request is made, Wright Homes will receive an estimate for the requested work. If the homeowner would like to proceed, Wright Homes will schedule and monitor the completion of the work. The homeowner must pay for such work by check in advance.
Damage Caused by Other Warranted Items. The above guideline does not apply to items damaged by other warranted items (such as leaks) or damage caused by defective materials or workmanship.
Repair Methods and Matches for New Products. Repair or replacement of damaged items (including brick, siding, trim, doors, cabinets, flooring, walls, trim, interior doors, etc.) will follow the Construction Performance Guidelines for color lots and repair methods.
Warranted Items (Construction Performance Guidelines)
NOTE: Claim Identification number is the prefix that precedes the warranted item.
Concrete (see Sections 2 and 29 under Exclusions)
01. Concrete is Not Warranted whether it is a cast in place horizontal slab or a cast in place vertical slab. However, if Wright Homes receives a request to repair or replace concrete, Wright Homes may nevertheless apply the following guidelines to determine whether to consider the request.
02. Puddling water. Minor amounts of water should be expected to remain on exterior concrete for up to 48 hours after a rain.
03. Cracks. In concrete slabs or flat work such as but not limited to sidewalks, patios, porch floors, house floors, basement floors, parking pads, driveways, or on any other concrete is not covered under this warranty, nor is seepage arising from such cracks. Cracks in vertical walls are not covered.
04. Spalling/Scaling/Pop Outs. Certain amounts of spalling, scaling, pitting and pop-outs are to be expected and will not be addressed. Salt and deicers (either applied by the homeowner or dripping from the homeowner's car) will cause spalling, scaling, pitting and pop outs for which Wright Homes cannot be responsible.
05. Efflorescence. Efflorescence or light colored or white areas on concrete, brick or masonry products is normal and is not covered under warranty. It can be cleaned as a maintenance item by the Homeowner. It is also common for this to reoccur after cleaning.
06. Separation of brick or masonry edging from concrete slab or step. It is common for the joint to crack between concrete and masonry due to the dissimilarity of the materials. Cracks in excess of 1/4-inch are a deficiency. The Builder will grout crack fully and reset loose masonry where required. Replacement of masonry material, if required, should match the existing as closely as possible. It is common to notice repaired area after repair is done, and complete accuracy is not warranted.
07. Cracking, settling or heaving of stoops and steps. Stoops and steps that have settled, heaved, or separated in excess of 1-inch from Home are a deficiency Builder shall take whatever corrective action is necessary to meet the Construction Performance Guideline. On masonry steps cracks will be grouted to fill separation. Repairs if any may be noticeable after repair is done, and complete accuracy is not warranted.
08. Construction and Control Joints Separation or movement of concrete slabs within the structure at construction and control joints. Concrete slabs within the structure are designed to move at construction and control joints and are not warranted. You are responsible for maintenance of joint material.
09. Cast-In Place Concrete Basement or foundation wall cracks, other than expansion or control joints. Concrete cracks greater than 1/8-inch in width which could allow exterior water to leak into basement, are deficiencies. Repair non-structural cracks by surface patching. These repairs should be made toward the end of the first year of Limited Warranty coverage to permit normal stabilizing of the Home by settling. Shrinkage cracks are not unusual and are inherent in the concrete curing process. Expansion cracks and cold joint cracks are normal to concrete walls and are not warranted.
10. Areas of Repair and Matches of New Concrete. If Wright Homes repairs or replaces concrete, Wright Homes will only repair or replace the defective area and not the entire area in question. Wright Homes will not be responsible for variations in the color of the new concrete from the original concrete. Weather conditions and normal use will often cause the new and original concrete to blend within approximately 12 months.
11. Discoloration, stains, tire marks, oil spots and minor blemishes are not covered.
12. Lipage in flat work is typically the result of seismic movement or settling. This warranty excludes damages resulting from seismic movement and settling.
13. Moisture and/or water or hydraulic pressure below or behind cast in place concrete slabs, floors or walls are not a warrantable defect. Read TMP01.
Masonry (see line 25 under exclusions)
01. Unit Masonry (Brick, Block and Stone) Cracks in masonry, brick, or stone veneer. Small hairline cracks resulting from shrinkage are common in mortar joints of masonry construction. Cracks greater than 1/4-inch in width are warranted. Wright Homes will repair cracks greater than 1/4-inch by tuck pointing and patching. These repairs should be made toward the end of the first year of Limited Warranty coverage to permit Home to stabilize and normal settlement to occur. Wright Homes is not responsible for color variations between existing and new mortar.
02. Unit Masony (Imperfections in brick, block, stone or tile) Imperfections such as scaling, chips, cracks, manufactures defects, color variations, and size differences are common on all masonry products and are not warranted by Wright Homes.
03. Cracks in concrete block basement walls. Small shrinkage cracks that do not affect the structural ability of masonry foundation walls are not unusual. Cracks 1/4-inch or greater in width are warranted. Wright Homes shall investigate to determine the cause. Builder shall take the necessary steps to make repairs by pointing, patching, and reinforcement. Concrete block walls that are not grouted and have more than four feet of backfill, or have had backfill altered by the homeowner are not warranted. Warranty is also void if the homeowner fails to maintain foundation drains and their ability to remove water away from the foundation. In addition, the homeowner is responsible for maintaining drainage away from the foundation.
04. Concrete block basement wall is bowed. Block concrete walls shall not bow in excess of 1-1/2-inch in 8 feet when measured from the base to the top of the wall. Builder shall repair basement walls that are bowed in excess of 1-1/2-inch in 8 feet. Bows in block walls are only repaired during construction and only if the builder is notified before the floor system is installed.
05. Stucco and Cement Plaster Cracking or spalling of stucco and cement plaster. Hairline cracks in stucco or cement plaster are common especially if applied directly to masonry backup. Cracks greater than 1/8 inch in width or spalling of the finish surfaces are warranted. Wright Homes will fill crack with caulk, cement plaster, or stucco to match finish and color as close as possible. Wright Homes, Inc. is not responsible for failure to match color or texture.
06. Separation of coating from base on exterior stucco wall. The coating shall not separate from the base on an exterior stucco wall. Wright Homes shall repair areas where the coating has separated from the base. Wright Homes is not responsible for failure to match color or texture. This repair will be made one time only during the warranty period. Otherwise, this problem will be considered maintenance and will be repaired by the homeowner.
07. Efflorescence on brick or rock. Efflorescence may appear on the surface of brick or rock as a white salty area or it may look similar to frost. It is not uncommon and is not a defect. It can be washed off by the homeowner.
Note: Retainer walls, porches and steps are excluded from this warranty.
Landscaping
01. Landscaping is Not Warranted. Landscaping, including sod, trees, bushes, plants, seed and other landscaping, is not warranted. Homeowners are required to water, fertilize and otherwise properly maintain their landscaping.
02. Existing Trees, Shrubs, Grass, Plants or vegetation. Existing trees, shrubs, grass, plant or other vegetation are not covered under this warranty. Whether these items die or become damaged deliberately, accidentally, naturally, or by an act of god they are not warranted by Wright homes. The homeowner or purchasers are responsible for their care, maintenance, repair, and replacement.
03. Lawn Irrigation System. It is warranted to be working at the time of closing. The warrantee does not cover damages you may cause or loss of water due to leaks or malfunction. It does not cover pipes, heads or other parts that are damaged by cold weather. Also this warranty excludes damages caused by miss directed sprinklers.
Grading
01. Settling of ground around foundation, utility trenches or other areas on the property where excavation and backfill have taken place that affect drainage away from Home. Settling of ground around foundation walls, utility trenches or other filled areas that exceeds a maximum of six inches from finished grade established by Builder. If Builder has provided final grading, Builder shall fill settled areas affecting proper drainage, one time only, during the first year Warranty Term. You are responsible for removal and replacement of shrubs and other landscaping affected by placement of the fill. You are also responsible for providing the fill material.
02. Improper surface drainage. Necessary grades and swales shall be established to provide proper drainage away from the Home. Site drainage, under the Limited Warranty, is limited to grades within 10-feet and swales within 20-feet of the foundation of the Home. Standing or ponding water shall not remain in these areas for a period longer than 48- hours after a rain, except in swales that drain from adjoining properties or where a sump pump or air conditioner discharges. In these areas an extended period of 72-hours is to be allowed for water to dissipate. The possibility of standing water after an unusually heavy rainfall should be anticipated and is not to be considered a deficiency. No grading determination is to be made while there is frost or snow or when the ground is saturated. Builder is only responsible for initially establishing the proper grades, swales and drainage away from Home. You are responsible for maintaining such grades and swales once constructed by the Builder. Builder is not responsible for drainage deficiencies attributable to grading requirements imposed by state, county, or local governing agencies. Standing or ponding water outside of defined swales and beyond 10- feet from the foundation of the Home or that is within 10-feet but is caused by unusual grade conditions, or retention of treed areas, is not considered a deficiency. Standing or ponding water caused by changes in the grade or placement of sod, fencing, or any other obstructions by you is not covered by this warranty.
03. Swales. The homeowner is generally responsible for the maintenance of drainage swales. Wright Homes cannot change the grading of the swale without the approval of the local municipality. Water must stand in side swales for more than 48 hours and in rear swales for more than 72 hours for the swales to be considered to have improper drainage.
04. Homeowner Payment Required to Complete Work. If a homeowner requests the repair or replacement of landscaping, Wright Homes reserves the right to charge a fee for such work. If such a request is made, Wright Homes will receive an estimate for the requested work. If the homeowner would like to proceed, Wright Homes will schedule and monitor the completion of the work. The homeowner must pay for such work by check in advance.
05. Soil Erosion. Builder is not responsible for soil erosion due to acts of God or other conditions beyond the Builder’s control. Soil erosion and runoff caused by failure of you to maintain the properly established grades, drainage structures and swales; stabilized soil, sodden, seeded and landscaped areas; are excluded from Limited Warranty coverage.
06. Finish Grade and Improvements to the Lot. The finish grade of the area around the home is to be at the builders discretion. The final grade of the remaining areas on the property or lot will be left as is, or changed at the builders discretion. The builder will charge for any grading work done and it will be or is included in the price of your home. There is no warranty for grading unless mentioned in this warranty. All lots upon completion are considered to be regarded and ready for additional work by the homeowner. After closing, It is at the discretion and the expense of the homeowner for additional of, the planting of, or placement of retaining walls, geo walls, burms, swales, water diversion, walk ways, driveways, roads, sump pumps, French drains, drain pipes, culverts, trees, shrubs, flowers, plants, hay, mulch, seed, sod, turf, ground cover, erosion control, retention or detention areas, buffers, fences, and any other item to beatify, enhance, control water, maintain, and/ or better ones property. Wright Homes does not warrant or maintain the lot or the property or any improvements to it, unless mentioned in this warranty.
Framing
01. Loud and objectionable squeaks. Load and objectionable squeaks caused by improper installation or loose subfloor are warranted, but a totally squeak-proof floor cannot be guaranteed. Wright Homes will refasten any loose subfloor or take other corrective action to reduce squeaking to the extent possible within reasonable repair capability without removing floor and ceiling finishes. Floor squeaks may occur when a subfloor that has come loose from the joists is deflected by the weight of a person and rubs against the nails that hold it in place. Squeaks may also occur when one joist is deflected while the other members remain stationary. Because the Construction Performance Guidelines requires the Builder to make a reasonable attempt to eliminate squeaks without requiring removal of floor and ceiling finishes, nailing loose subflooring with casing nails into the carpet surface and countersinking the head is an acceptable practice. The builder may also shim or glue affected areas. This item is only warranted for the first thirty days of the warranty period.
02. Crowning, Bowing, and Warping of Lumber. Crowning, bowing, and/or warping of lumber especially floor joist and ceiling joist are common, and not covered under this warranty. It is also common building practice to turn crowns in joists up. Therefore, a correction will not be made by Wright Homes.
03. Uneven wood framed floors. Wood floors shall not have more than a 1/4-inch ridge or depression within any 24-inch measurement along the joint, or intersection of two pieces of plywood subflooring. Nor shall they have more than a ¼-inch depression or sag with in 24-inch measurement between two floor joists. Wright homes will correct or repair to within the tolerance level spelled out above. Crowning and bowing of floor joist are not warranted.
04. Bowed stud walls or ceilings. All interior and exterior frame walls or ceilings have slight variations on the finish surfaces. Walls or ceilings that are bowed more than 1/2-inch within a 32-inch horizontal measurement; or 1/2-inch within any 8-foot vertical measurement, are warranted. Exterior and interior frame walls or ceilings bowed in excess of the allowable standard shall be corrected to meet the allowances spelled out above. Bowed stud walls and ceilings are only covered during the first thirty days of the warranty period.
05. Wood frame walls out of plumb. Wood frame walls that are more than 3/8-inch out of plumb for any 32-inch vertical measurements are a deficiency. Wright Homes will make necessary repairs to meet the Construction Performance Guidelines. Coverage limited to the first thirty days of the warranty.
06. Wood beam or post is split. Beams or posts, especially those 21/2-inches or greater in thickness, will sometimes split as they dry subsequent to construction. Unfilled splits exceeding 1/4-inch in width and all splits exceeding 3/8- inch in width are warranted. Wright Homes will repair or replace as required. Filling splits is acceptable for widths up to 3/8-inch. Some characteristics of drying wood are beyond the control of the builder and cannot be prevented.
07. Exterior sheathing and subflooring which delaminates or swells. Sheathing and subflooring delaminating or swelling on the side that the finish material has been applied is warranted. However, sheathing must cause a distortion in finish material and be visible from a distance of six feet. Wright Homes shall repair or replace subflooring or sheathing as required. Replacement of the finish materials, when necessary, shall be done to match the existing finish as closely as possible.
08. Wood frame walls out of square. The diagonal of a triangle with sides of 12-feet and 16-feet along the edges of the floor shall be 20-feet plus or minus 1-inch. Builder shall make necessary modifications to any floor not complying with the Construction Performance Guidelines. Corrective measures concerning the aesthetic nature of squareness will be the only consideration in making a repair. Wright Homes reserves the right not to make a repair if they believe that the aesthetic s of the repair will be worse than the aesthetics of squareness.
09. Appearance of Framing and Lumber. Spaces between two structural members, discoloration of lumber, imperfections in lumber, twisting/ bowing of lumber, selection of lumber, size of lumber, difference in thickness of lumber, settling or shrinkage of lumber, or any other visual or non-visual imperfection in lumber are not warranted. However, if Wright Homes deems that any of these items are unsatisfactory they will make a repair prior to the completion of the home, and at their sole discretion.
10. Unsatisfactory quality of finished exterior trim and workmanship. Joints between exterior trim elements and siding or masonry, which are in excess of 1/4-inch, are warranted. In all cases, the exterior trim abutting masonry siding shall be capable of performing its function to exclude the elements. Wright Homes will repair open joints and touch up finish coating where required to match existing as closely as possible. Caulk or silicone will be used to fill open joints between dissimilar materials.
11. Space between upper edge of cornice Facia and the roof decking. It is common for there to be a space between the top edge of the Facia board and the plywood roof decking. It is also common to see a space between the finished roofing and the top edge of the Facia board. These circumstances are not warranted, and will not be corrected. However, if the space allows a leak during a normal rain fall, corrective measures will be made to eliminate the leak.
12. Daylight is Visible between the Floor System and the Foundation. It is common for daylight to be visible between the foundation and the floor system along the perimeter of the basement foundation, especially on a home with a brick veneer on the foundation. Therefore, this item is not warranted, unless the space allows a leak during a normal rain fall, corrective measures will be made to eliminate the leak.
Porches, stoops, decks, patios, steps, stairs. Note: See the Exclusions section of this warranty.
Exterior Trim
01. Exterior Siding Delaminating, splitting, or deterioration of exterior siding. Exterior siding that delaminates, splits or deteriorates is a deficiency. Wright Homes will repair/replace only the damaged siding. Siding should match the original as closely as possible, however, you should be aware that the new finish may not exactly match the original surface texture or color. Delaminated siding due to your actions or neglect, such as delaminating caused by sprinkler system repeatedly wetting siding, or lack of home maintenance is not a deficiency.
02. Loose or fallen siding. All siding that is not installed properly, which causes same to come loose or fall off, is a deficiency. Reinstall or replace siding and make it secure. Loose or fallen siding due to your actions or neglect, such as leaning heavy objects against siding, impact, or sprinkler systems repeatedly wetting siding, is not a deficiency.
03. Siding is bowed. Bows exceeding 1/2-inch in 32-inches are deficiencies. Builder will repair bowed siding to meet standard. If replacement of siding is required, Builder will match original material as closely as possible. You should be aware that the new finish may not exactly match the original surface texture or color. Bowed siding due to your actions or neglect, such as bowing caused by sprinkler system repeatedly wetting siding, is not a deficiency.
04. Nails have stained siding. Nail stains (rust or discoloration) exceeding 1/2-inch in length and visible from a distance of 20-feet are deficiencies. Builder shall correct by either removing stains, painting, or staining the affected area. Builder shall match color and finish as closely as possible. Where paint or stain touch up affects the majority of the wall surface, the whole area shall be refinished. “Natural weathering” or semitransparent stains are excluded from coverage. Visible nail heads are not warranted.
05. Separation of siding and trim. It is not unusual for siding and trim to separate or shrink resulting in a gap. The warrantor will cover any separation ¼” or greater and those less than that are considered maintenance which is your responsibility.
Roofing
01. Roof or flashing leaks. Roof or flashing leaks that occur under normal weather conditions are deficiencies. Wright Homes will correct any roof or flashing leaks that are verified to have occurred under normal weather conditions. Where cause of leaks is determined to result from severe weather conditions such as ice and snow build-up, high winds and driven rains, such leaks are not deficiencies.
02. Roof shingles have blown off. Shingles shall not blow off in winds less than the manufacturer’s standards or specifications. Builder will replace shingles that blow off in winds less than the manufacturer’s standards or specifications only if improper installation is shown to be the cause. Shingles that blow off in winds less than the manufacturer’s standards or specifications due to a manufacturing defect in the shingles are the manufacturer’s responsibility. Shingles that blow off in hurricanes, tornadoes, hailstorms, or winds, including gusts greater than 60 miles per hour, are not deficiencies. You should consult shingle manufacturer’s warranty for specifications, standards, and manufacturer’s warranty responsibility if shingles blow off in higher wind speeds.
03. Replacement Shingles. Wright Homes will replace shingles with shingles from the same manufacturer and of the same color selection. Due to differences in dye lots and the effects of weather and aging on the original shingles, Wright Homes cannot be responsible for color differences between the original shingles and the replacement shingles
04. Defective shingles. Manufacturing defects in shingles are not covered under the Limited Warranty. You should consult shingle manufacturer’s warranty for specifications, standards, and manufacturer’s warranty responsibility.
05. Standing water on built-up roofs. Water shall drain from a flat or low-pitched roof within 24-hours of a rainfall. Builder will take corrective action to assure proper drainage of the roof. Minor ponding or standing of water is not considered a deficiency.
06. Roof vent blow in. Roof vents are designed to be open to allow heat to escape. In doing so, it is not unusual for rain to blow in. This is not considered to be a warrantable defect.
07. Homeowner Payment Required to Complete Work. If a homeowner requests repair or replacement of roofing that is not covered under the warranty, Wright Homes reserves the right to charge a fee for such work. If such a request is made, Wright Homes will receive an estimate for the requested work. If the homeowner would like to proceed, Wright Homes will schedule and monitor the completion of the work. The homeowner must pay for such work by check in advance.
Thermal and Moisture Protection
01. Waterproofing Leaks in foundations. Leaks resulting in ACTUAL TRICKLING OF WATER through the basement walls are warranted. Except where the cause is determined to be the result of your negligence, the warrantor will take such action as is necessary to correct basement leaks. Leaks caused by landscaping improperly installed or failure by you to maintain proper grades are excluded from Limited Warranty coverage. Dampness on basement walls and floors is not uncommon for new construction and is not warranted. Moisture, dampness and seepage in CRAWL SPACES areas is not warranted. Foundation drains must remain open at all times. Conditions caused by your failure to maintain the foundation drains are not covered by this warranty. Note: where basement floors are determined to leak due to high ground water or springs, the homeowner should install a sump drain at their expense.
02. Insufficient insulation. Insulation that is not installed around all habitable areas in accordance with established local industry standards is warranted. Wright Homes will install insulation of sufficient thickness and characteristics to meet the local industry standards. In the case of dispute, cost for investigating the sufficiency of insulation is to be borne by you if it is found that the standard has been met by Builder.
03. There is no warranty for insulation in interior divider walls, or between two rooms.
04. Sound transmission between rooms, floor levels, or from the street into Home. No warranty coverage is provided for soundproofing.
05. Inadequate ventilation or moisture control in attics or roofs. Attics or roofs shall have adequate ventilation to remove moisture, or other approved method of moisture control. Ventilation or other moisture control methods shall be considered inadequate if there is damage to supporting members or insulation due to moisture accumulation. Builder shall investigate to determine cause, and make necessary repairs. Corrective action may include the installation of properly sized louvers, vents, vapor retarder, or other locally approved method of moisture control. You are responsible for keeping existing vents unobstructed. Locally approved and properly constructed “hot roof” or other alternative roof designs may not require ventilation, and where there is no evidence of moisture damage to supporting members or insulation, are not warranted.
06. Attic vents or louvers leak. Attic vents and louvers shall not leak. Wright Homes will repair or replace the roof vents as necessary to meet the Construction Performance Guidelines. Infiltration caused by wind driven rain or snow are considered to be beyond the Builder’s control and are not a warrantable defect.
07. Bath or kitchens exhaust fans improperly vented into attic. Bath or kitchen exhaust fans that are vented into attics causing moisture to accumulate resulting in damage to supporting members or insulation are warranted. Wright Homes will vent exhaust fans to the outside to correct deficiencies. It is common to vent exhaust fans to a roof vent in the attic, and this is acceptable.
08. Water or air leaks in exterior walls due to inadequate caulking. Joints and cracks in exterior wall surfaces and around openings that are not properly caulked to exclude the entry of water or excessive drafts are warranted. Wright Homes will repair and/or caulk joints in exterior wall surfaces as required to correct the deficiency one time only during the Limited Warranty coverage. You must maintain caulking once the condition is corrected. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
09. Concrete porch floors leak into the basement. It is common for a crack to occur where the porch slab meets the brick or porch wall because of the dissimilarity of the materials and because concrete will often shrink in size. Do not store anything under porches that moisture will damage.
Gutters
01. Gutters and downspouts leak. Gutters and downspouts that leak are deficiencies. Repair leaks in gutters and downspouts. Leaks caused by over flows during heavy rain or due to gutters not being maintained are not warranted.
02. Water remains in gutters after a rain. Small amounts of water may remain in some sections of gutter for a short time after a rain. Standing water in gutters shall not exceed 1/2-inch in depth for more than 24-hours. Builder will repair gutters to assure proper drainage. You are responsible for keeping gutters and downspouts free from debris that would obstruct drainage.
Interior Trim (Coverage does not extend past the date of closing)
NOTE: DEFICIENCIES MUST BE NOTED ON THE PRE-CLOSING WALK THRU.
01. Unsatisfactory quality of finished interior trim and workmanship Joints between moldings and adjacent surfaces that exceed 1/8-inch in width are deficiencies. Wright Homes will repair defective joints and touch up finish coating where required to match as closely as possible. Caulking is acceptable. One time only during the warranty period. A $45.00 deductible will apply after the walk through.
02. Interior trim is split. Splits, cracks, and checking are inherent characteristics of all wood products, and are not considered deficiencies. Therefore it is not covered under the warranty, nor will repairs be made.
03. Hammer marks visible on interior trim. Hammer marks on interior trim shall not be readily visible from a distance of 6 feet under normal lighting conditions. Wright Homes should fill hammer marks and refinish or replace affected trim to meet the Construction Performance Guidelines. Refinished or replaced areas may not match surrounding areas exactly. A $ 45.00 deductible will apply after the walk through.
04. Exposed nail heads in woodwork. Setting nails and filling nail holes are considered part of painting and finishing. After painting or finishing, nails and nail holes shall not be readily visible from a distance of 6 feet under normal lighting conditions. Wright homes will fill nail holes where required and if necessary, touch up paint, stain, or varnish to match as closely as possible. Nail holes do not have to be filled where the surface finish is not conducive or so designed to have nail holes filled because of the product. Nail holes in base and trim in unfinished rooms or closets do not have to be filled. A $ 45.00 deductible will apply after the walk through.
IT05. Separation at joints (cracks or gaps) are not uncommon. Typically it is due to shrinkage or settling. The Builder will cover such areas that exceed ¼”
by caulking. Areas less than ¼” will be considered maintenance.
Doors and Windows
01. Doors: Interior and Exterior Warpage of interior or exterior doors. Interior and exterior doors that warp so as to prevent normal closing and fit are warranted. The maximum allowable warpage of an interior door is 1/4-inch when measured from corner to corner. Wright homes will repair or replace as may be required once during the warranty period. ($45.00 deductible, each).
02. Door binds against jamb or head of frame or does not lock. Passage doors that do not open and close freely without binding against the doorframe are warranted. Lock bolt is to fit the striker plate to maintain a closed position. Wright Homes will adjust door and striker plate to operate freely once during the warranty period. Wood doors may stick during occasional periods of high humidity and is not warranted.
($45.00 deductible, each).
03. Door panels shrink and expose bare wood. Door panels will shrink due to the nature of the material, exposing bare wood at the edges and are not warranted.
04. Door panels split. Door panels that have split to allow light to be visible through the door are warranted. If light is visible, fill crack and finish panel to match as closely as possible. Repair will be made once during the warranty period and is subject to a deductible.
05. Bottom of doors drag on carpet/ flooring surface. Where it is understood by Wright Homes that carpet is planned to be installed by the Builder, the bottom of the doors which drag on the carpet are warranted. Wright Homes will undercut doors as required. Where carpet is selected by you having excessive high pile, then you are responsible for any additional door undercutting. Some doors with thresholds or weather stripping may brush or drag on floors, and are not warranted.
06. Excessive opening at the bottom of interior doors. Passage doors from room to room that have openings between the bottom of the door and the floor finish material in excess of 1 1/2- inches are warranted. Closet doors having an opening in excess of 2-inches are warranted. Wright Homes will make the necessary adjustment or replace door to meet the required tolerance.
07. Garage Doors (Attached Garage) Garage door fails to operate or fit properly. Garage doors that do not operate and fit the door opening within the manufacturer’s installation tolerances are warranted. Some entrance of the elements can be expected under heavy weather conditions and is not considered a deficiency. Make necessary adjustments to meet the manufacturer’s installation tolerances. No adjustment is required when cause is determined to result from anyone but Builder’s or Builder’s subcontractors’ installation of an electric door opener. Allowance if insects or pest around garage doors are common and are not warranted.
08. Window is difficult to open or close. Windows should require no greater operating force than that described in the manufacturer’s specifications. Wright Homes shall correct or repair as required to meet manufacturer’s specifications.
09. Double hung windows do not stay in place when open. Double hung windows are permitted to move within a two inch tolerance, up or down when put in an open position. Any excessive movement exceeding the tolerance is a deficiency. Adjust sash balances one time only during warranty period. Where possible, Wright Homes will instruct you on the method of adjustment for future repair.
10. Condensation or frost on window frames and glass. Window glass and frames will collect condensation on the frame and glass surface when humidity and temperature differences are present. Condensation is usually the result of temperature/humidity conditions in the Home. Therefore, there is no coverage under the warranty.
11. Hardware does not work properly, fails to lock or perform its intended purpose. All hardware installed on doors and windows that do not operate properly are warranted. Wright Homes shall adjust, repair, or replace hardware as required.
12. Screen doors and screens do not operate or fit properly. Screen doors, storm doors, windows and screens, when installed, which do not operate or fit properly, are considered deficiencies. Wright Homes shall make necessary adjustments for proper fit and operation. Missing screens, rips or gouges in the screen mesh are not covered by this Limited Warranty. Exact fit of screen panel on screened porches are not guaranteed and are not covered by this limited warranty.
13. Drafts and visible day light around doors and windows. Some air infiltration is usually noticeable around doors and windows, especially during high winds. Wright Homes should repair to meet Construction Performance Guidelines. In high wind areas, you may need to have storm windows and doors installed to eliminate drafts. Daylight around doors is not uncommon. Wright Homes will try to eliminate as much light as possible.
14. Clouding and condensation on inside surfaces of insulated glass. Insulated glass that clouds up or has condensation on the inside surfaces of the glass are often caused from abuse or damage by a foreign object. In such case it is not a warrantable defect. For the Builder to cover this situation it has to be determined to be a manufacture’s defect. Such defect will be noticeable within thirty days of the installation of the window.
15. Exterior door leak. It is not uncommon for doors to leak during a rain event or when snow drifts begin to melt. These are not considered to be warrantable defects. It is also not uncommon for doors to leak because of small roof overhangs. In this case, you may need to install a storm door. If the threshold or doorframe was not caulked by the builder, it is a deficiency and the Builder will caulk. It is your responsibility to maintain the caulking for damage prevention. You should inspect it at least every 60 days. Serious damage may result from negligence.
Paint, Caulking and Drywall (Coverage, interior or exterior, does not extend past the date of closing)
(NOTE: DEFICIENCIES, INCLUDING THOSE LISTED BELOW, MUST BE NOTED ON THE PRE-CLOSING WALK THRU FORM, OTHERWISE IT IS NOT COVERED BY THIS WARRANTY.
01. Drywall cracks. Hairline cracks are not unusual. They are the result of settling or shrinking and expansion of material. Cracks in interior gypsum board or other drywall materials exceeding 1/8-inch in width are warranted to the day of closing. Wright Homes will repair cracks that are greater than 1/8-inch in width and touch up paint to match as closely as possible, one time only.
02. Nail pops, blisters, or other blemish is visible on finished wall or ceiling. Nail pops and blisters that are readily visible from a distance of 6 feet under normal lighting conditions are warranted only to the date of closing. Wright Homes will repair such blemishes, and touch up paint to match as closely as possible, one time only. Depressions or slight mounds at nail heads are not considered deficiencies. Builder is not responsible for nail pops or blisters that are not visible, such as those covered by wallpaper.
03. Cracked corner bead, excess joint compound, trowel marks, or blisters in tape joints. Cracked or exposed corner bead, trowel marks, excess joint compound, or blisters in drywall tape, that are readily visible from a distance of 6 feet under normal lighting conditions are warranted to the day of closing. Wright Homes will repair to meet Construction Performance Guidelines, and touch up paint to match as closely as possible, one time only.
04. Knot and wood stains (tanning) appear through paint on exterior. Excessive knot and wood stains that bleed through the paint are considered deficiencies. Wright Homes will seal affected areas where excessive bleeding of knots and stains appear and touch-up paint to match as closely as possible, one time only. Coverage is limited to the day of closing.
05. Exterior paint or stain peels. Exterior paints or stains that peel during the first year of ownership are warranted. Peeling due to excess moisture such as from a mis-directed lawn sprinkler or rain run off from the roof is not covered. . Wright Homes will prepare and refinish affected areas, matching color as closely as possible. Where finish repairs affect the majority of the surface areas, the whole area should be refinished. The Limited Warranty on the newly repainted surfaces will not extend beyond the original Warranty Term. Fading, however, is normal and subject to the orientation of painted surfaces to the climactic conditions which may prevail in your area. Fading is not a deficiency.
06. Painting required as corollary repair because of other work. Necessary repair of a painted surface under this Limited Warranty is to be refinished to match surrounding areas as closely as possible. Builder shall refinish repaired areas to meet the standard as required one time only.
07. Mildew or fungus forms on painted or factory finished surfaces. Mildew or fungus that forms on a painted or factory finished surface when the surface is subject to various exposures (e.g.: ocean, lake, riverfront, heavily wooded areas or mountains) is not warranted, nor will any repair be done. Wright Homes is not responsible for Mildew or Fungus for any reason. The Homeowner should regularly monitor this and clean as often as needed.
08. Deterioration of varnish or lacquer finishes. Natural finish on interior woodwork that deteriorates during the first year of Limited Warranty coverage is a deficiency. Wright Homes will refinish affected areas of natural finished interior woodwork, matching the color as closely as possible one time only. Varnish-type finishes used on exterior surfaces will deteriorate rapidly and are not covered by the Limited Warranty.
09. Variations in Wood Products. Variations in color, texture and shading are inherent in cabinets, banisters, handrails, treads, shoe molding, flooring, doors, trim and other stained or clear wood finishes, Wright Homes will not replace or re-stain any thing that is not an exact match.
10. Interior paint coverage. Wall, ceiling, and trim surfaces that are painted shall not show through (transparent areas due to a lack of paint) new paint when viewed from a distance of 6-feet under normal lighting conditions. Builder shall repaint wall, ceiling or trim surfaces where an insufficient amount of paint has been applied. Where the majority of the wall or ceiling surface is affected the entire area will be painted from break-line to break-line. Builder is not required to repaint an entire room unless all walls and ceiling have been affected. Repairs are done one time only and prior to closing.
11. Paint splatters and smears on finish surfaces. Paint splatters on walls, woodwork, or other surfaces which are excessive, shall not be readily visible when viewed from a distance of 6-feet under normal lighting conditions. Wright Homes will remove paint splatters without affecting the finish of the material, or replace the damaged surface if paint cannot be removed. Minor paint splatter and smears on impervious surfaces that can be easily removed by normal cleaning methods are considered to be your maintenance and are not deficiencies.
12. Drywall Defects / Paint. Wright Homes is only required to repair drywall imperfections that can be seen from a distance of six feet away under normal lighting conditions. Wright Homes will repaint any affected area with new paint that is the same color as the original paint. New paint generally takes several weeks to blend in with old paint. Wright Homes is not responsible for color variations that are caused by the atmosphere in the home. Such defects are covered to the day of closing.
13. Exterior Paint. This Limited Warranty only applies to peeling or flaking of exterior paint. Wright Homes is not responsible for color matching due to the effects of sun and other weather conditions. Peeling or flaking, except through normal oxidation process, should not occur during the applicable warranty period. Wright Homes will repaint any affected area (and not the entire home) with new paint that is the same color as the original paint. New paint generally takes several weeks to blend in with old paint. Repairs are done one time only.
NOTE: Defects in paint, caulking and drywall are only covered up and until the time of the walk through. Paint and caulking normally require constant maintenance to keep your home looking fresh and new. See your obligation on page 5 of 17.
Cabinets (Deficiencies must be noted on the pre-closing walk thru).
01. Kitchen and vanity cabinet doors and drawers bind. Cabinet doors and drawers shall open and close with reasonable ease. Wright Homes will adjust or replace doors and drawers as necessary to meet Construction Performance Guidelines.
02. Warping of kitchen and vanity cabinet doors and drawer fronts. Warpage that exceeds 1/4-inch as measured from the face of the cabinet frame to the furthermost point of warpage on the drawer or door front in a closed position is a deficiency. Wright Homes will adjust or replace door or drawer front as required.
03. Request for Replacement. If a homeowner requests the replacement of a piece or part of cabinets or other stained woodwork, the warranty service technician will confirm whether the proper wood products were installed or the proper stain color was applied. If Wright Homes confirms that the proper products were used, Wright Homes will not replace the item in question. If the homeowner nevertheless desires to have the item replaced, Wright Homes will charge a fee for such work. If such a request is made, Wright Homes will receive an estimate for the requested work. If the homeowner would like to proceed, Wright Homes will schedule and monitor the completion of the work. The homeowner must pay for such work by check in advance.
04. Gaps between cabinets, ceiling and walls. Countertops, splash boards, base and wall cabinets are to be securely mounted. Gaps in excess of 1/4- inch between wall and ceiling surfaces are warranted. If the gap exceeds ¼-inch due to the design of the cabinets, or placement design it is not a deficiency and not warranted. Wright Homes will make the necessary adjustment of cabinets and countertop or close gap by means of molding, or caulk suitable to match the cabinet or countertop finish, or as closely as possible; or other acceptable means.
05. Surface cracks and delimitations in high pressure laminates of vanity and kitchen cabinet countertops. Countertops fabricated with high pressure laminate coverings that delaminate or have surface cracks or joints exceeding 1/8- inch between sheets are considered deficiencies. Wright Homes will repair or replace laminated surface covering having cracks or joints exceeding the allowable width. The use of color caulk designed to fill cracks in laminate tops is an acceptable means of repair.
06. Scratches on solid surface countertops. Solid surface countertops should be free of scratches at the time of closing. Since solid surface countertops will scratch. Repairing these scratches is considered to be a maintenance item and will be performed by the homeowner as needed.
07. Counter Top is not Level. Countertops should be no more than ½-inch in 10-feet out of parallel with the floor. Wright Homes will make repairs if needed and only to correct appearance of out of level before closing.
08. Sealant on Granite or Stone Countertops. Sealants on countertops will be applied at the time of installation by the installer. Wright Homes does not warrant the sealant or maintain the sealant. Wright Homes also assumes no responsibility for any adverse affects due to the homeowner not maintaining sealants.
09. Granite or Stone Countertops. Granite is a natural material. Pitting, movement, veining and colors are unpredictable and carry no guarantee or warranty.
10. Quartz is a man-made product. It will have irregularities in color and finishes, which is not considered to be a defect. Warranties are provided by the manufacturer and not the builder.
NOTE: CABINETS AND COUNTERTOPS ARE ONLY COVERED FOR THE FIRST THIRTY DAYS OF THIS WARRANTY. APPEARANCE OF CABINETS ARE ONLY COVERED UP AND UNTIL THE WALK THROUGH PRIOR TO CLOSING.
Floors (Deficiencies must be noted on the pre-closing walk thru).
01. Nail pops appear on the surface of resilient flooring. Readily apparent nail pops are warranted. Wright homes will correct nail pops that have caused damage to the floor material and repair or replace damaged floor covering in the affected area. Wright Homes is not responsible for discontinued patterns or color variation
02. Depressions or ridges appear in the resilient flooring due to subfloor irregularities. Readily apparent depressions or ridges exceeding 1/8-inch are a warranted, if discovered in the pre-closing walk-through. The ridge or depression measurement is taken as the gap created at one end of a 6-inch straight edge placed over the depression or ridge with 3-inches on one side of the deficiency held tightly to the floor. Builder shall take required action to bring the deficiency within acceptable tolerances so as to be not readily visible. Wright Homes is not responsible for discontinued patterns or color variations in the floor covering, your neglect or abuse, nor installations performed by others. Depressions discovered after the home is occupied, or after closing are not warranted.
03. Resilient flooring or base loses adhesion. Resilient flooring or base that lifts, bubbles, or becomes unglued is warranted. Wright Homes will repair or replace resilient flooring or base as required. Builder is not responsible for discontinued patterns or color variations.
04. Seams or shrinkage gaps show at resilient flooring joints. Gaps in excess of 1/16-inch in width in resilient floor covering joints are deficiencies. Where dissimilar materials abut, a gap in excess of 1/8-inch is a deficiency. Wright Homes will repair or replace the resilient flooring to meet the Construction Performance Guidelines. Sealers and color caulk/ filler may be used to fill gaps if deemed appropriate by Wright Homes. Wright Homes is not responsible for discontinued patterns or color variations of floor covering. Proper repair can be affected by sealing gap with seam sealer.
05. Finished Wood Flooring limited warranty excludes squeaks, pops, shrinkage, dents, scratches, delaminating, curling, cupping, imperfections, spongy areas, buckling and improper maintenance. Spongy areas are not uncommon and are not a defect. Open joints or separations between floorboards of finished wood flooring shall not exceed 1/8-inch in width. Cups in strip floorboards shall not exceed 1/8-inch in height in a 3-inch maximum distance when measured perpendicular to the length of the board. Wright Homes will determine the cause and if the result is a deficiency in workmanship or material, it will be corrected one time only. For repairable deficiencies, Wright Homes will repair cracks by filling and refinishing to match the wood surface as closely as possible. Wood floors are subject to shrinkage and swell due to seasonal variations in the humidity level of Home. While boards may be installed tight together, gaps or separations may appear during heating seasons or periods of low humidity. Gaps or separations that close during non-heating seasons are not considered deficiencies. You should be familiar with the recommended care and maintenance requirements of the wood floor. Repeated wetting and drying, or wet mopping will damage floors. Dimples or scratches can be caused by moving furniture, dropping heavy objects, furniture legs with improper feet and certain high heel style shoes may cause indentations. These conditions are not covered by the Limited Warranty.
06. Carpet does not meet at the seams. It is not unusual for carpet seams to show, especially on short nap, or Berber carpet, and in sunlight. However, a visible gap or overlapping at the seam due to improper installation is warranted during the first thirty days of the Warranty. Wright Homes will correct to eliminate visible gap or overlapping at the seam. Carpet material is warranted by the manufacturer.
07. Color variations in carpet. Colors may vary by dye lot, and from one end to another in the same roll. Side to side shading may show at most if not all seams, even where the same dye lot is used. Carpet material is not covered under the Limited Warranty. You should consult carpet manufacturer’s warranty for specifications, standards, and manufacturer’s warranty responsibility for color variations.
08. Carpeting loosens, or the carpet stretches. When stretched and secured properly, wall-to-wall carpeting installed as the primary floor covering shall not come up, loosen, or separate from the points of attachment. Wright Homes will re-stretch or re-secure carpeting to meet Construction Performance Guidelines one time only during the first year of Limited Warranty coverage.
09. Colored Concrete Floors. Colored concrete floors are made from natural materials and should be considered as like stone. Cracks, color variations, light or dark areas, rough areas, uneven areas, shiny or dull areas, low or high areas, chips, and noticeable repair areas are all common to this type of floor and are not considered to be a warrantable defect. Proper care and maintenance is critical. Wet mopping and the use of chemicals will damage your floors. Clean your floors often by vacuuming and damp mopping. Clean and wax the floor as soon as dullness occurs.
NOTE: FLOORS ARE ONLY WARRANTED FOR THE FIRST THIRTY DAYS OF THIS WARRANTY. DEFECTS IN THE APPEARANCE OF WORK HAVE TO BE NOTED ON THE PRE-CLOSING WALK THRU FORM TO BE COVERED. REPAIRS ARE DONE ONE TIME ONLY.
Fireplace
01. Fireplace or chimney does not draw properly causing smoke to enter home. A properly designed and constructed fireplace or chimney shall function correctly. High winds can cause temporary negative or down drafts. Negative drafts can also be caused by obstructions such as tree branches, steep hillsides, adjoining homes, and interior furnaces. In some cases, it may be necessary to open a window slightly to create an effective draft. Since negative draft conditions could be temporary, it is necessary for the homeowner to substantiate the problems to the Builder by constructing a fire so the condition can be observed. When determined the malfunction is based upon improper construction of the fireplace, Wright Homes take the necessary steps to correct the problem. When it is determined that the fireplace is properly designed and constructed, but still malfunctions due to natural causes beyond Builder’s control, Builder is not responsible.
02. Chimney separation from structure to which it is attached. Newly built fireplaces will often incur slight amounts of separation. Separation that exceeds 1/2-inch from the main structure in any 10-foot vertical measurement is a deficiency. Wright Homes will repair. Caulking or grouting is acceptable. There are no warranties for masonry fire places or masonry fireplace veneer especially for leaks or moisture related items.
03. Cracks in masonry hearth or facing. Small hairline cracks in mortar joints resulting from shrinkage are not unusual. Cracks in stone or brick hearth or facing greater than 1/4- inch in width are warranted. Wright Homes will repair cracks exceeding standard by pointing or patching. Wright Homes is not responsible for color variations between existing and new mortar. Heat and flames from normal fires can cause cracking of firebrick and mortar joints. This should be expected, and is not covered by the Limited Warranty. There are no warranties for masonry fire places or masonry fireplace veneer especially for leaks or moisture related items.
04. Gas Logs will not light. Wright Homes will light gas logs one time during installation. Often time gas lines can be filled with air or gas may sit in lines for a period of time. This will make logs difficult to light. Always follow the instruction provided by the manufacturer of the gas log unit. (Instructions are often found attached to the gas log unit.). Never light logs when you smell a strong odor of gas, or if there is a gas leak. Gas of any kind can be dangerous, misuse of logs or failure to follow instructions provided by the manufacturer can cause bodily harm or death. Therefore, Wright Homes does not assume any liabilities of any king for damages cause by gas logs, gas, or their improper use.
05. Fireplace Allows Cold Air Inside. Wood burning (or gas log) fireplaces have a flue pipe that extends to the exterior of the home. There are no baffles in the flue and therefore air can travel in both directions. It is not abnormal in the winter months to feel cold air infiltrating around the fireplace insert when it is not in use. Therefore, this is not covered under this warranty.
Plumbing
01. Faucet or valve leak. A valve or faucet leak due to workmanship is a deficiency and is covered only during the warranty period. Builder shall repair or replace the leaking faucet or valve. Leaks caused by a defective faucet or valve are warranted by the manufacturer, and not by Wright Homes. Leakage caused by worn or defective washers or seals are your maintenance item.
02. Defective plumbing fixtures, appliances or trim fittings. Fixtures, appliances, or fittings shall comply with their manufacturer’s standards as to use and operation. Defective plumbing fixtures, appliances, and trim fittings are covered under their manufacturer’s warranty, and not by Wright homes.
03. Staining of plumbing fixtures due to high iron, manganese, or other mineral content in water. High iron and manganese content in the water supply system will cause staining of plumbing fixtures. Maintenance and treatment of the water is your responsibility. This is not covered under this Limited Warranty.
04. Noisy water pipes. Some noise can be expected from the water pipe system, due to the flow of water. However, the supply pipes should not make the pounding noise called “water hammer”. “Water hammer” is a deficiency covered only during the Warranty Period. Wright Homes will correct to eliminate “water hammer” with the use of a pressure regulator valve. Eliminating “water hammer” is not always possible in every situation. Therefore, Wright homes reserves the right to warrant “water hammer”. Noises due to water flow and pipe expansion are not considered deficiencies.
05. Hot Water is Slow to Heat Up. The time it takes for water to become hot may seem excessive in some floor plans (sometimes up to several minutes). This is due to the distance the hot water must travel from the water heater to the point of use. Wright Homes does not include products such as point of use heaters and re-circulation pumps in its' homes. Wright Homes is not responsible to install products to speed up the delivery of hot water to the point of use. Homeowners may consider alternatives (such as point of use heaters and re-circulation pumps) at their expense.
06. Water in plumbing pipes freezes, and the pipes burst. Drain, waste, vent, and water pipes shall be adequately protected to prevent freezing and bursting during normally anticipated cold weather. Wright Homes will correct conditions not meeting Construction Performance Guidelines. Burst pipes due to your neglect and resultant damage are not the Builder’s responsibility. You are responsible for draining exterior faucets, and maintaining suitable temperature in the Home to prevent water in pipes from freezing. During periods when the outdoor temperature falls below the design temperature, you are responsible for draining or otherwise protecting pipes. Homes which are periodically occupied, such as summer homes, or where there will be no occupancy for an extended period of time, must be properly winterized or periodically checked to insure that a reasonable temperature is maintained. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
07. Leakage from any piping. Leaks in any waste, vent and water piping are warranted. Wright Homes will make necessary repairs to eliminate leakage. Condensation on piping does not constitute leakage, and is not a deficiency, except where pipe insulation is required. See: WHAT TO DO IN THE CASE OF AN EMERGENCY in this Limited Warranty. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
08. Sanitary sewers, fixtures, waste or drain lines are clogged. Wright Homes is not responsible for sewers, fixtures, or drains that are clogged because of your actions or negligence. Sanitary sewers, fixtures, waste or drain lines that do not operate or drain properly due to improper installation are warranted. Wright Homes will make necessary repairs. If your actions or negligence is the cause, you are responsible for correcting the problem. You are liable for the entire cost of any sewer and drain cleaning service provided by Builder where clogged drains are caused by your actions or negligence. Wright Homes is not responsible for sewer lines that extend beyond the property lines on which the Home is constructed. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
09. Septic systems fail to operate properly. Septic system should be capable of properly handling normal flow of household effluent. Wright Homes will take corrective action if it is determined that malfunction is due to a deficiency in workmanship, materials, or failure to construct system in accordance with state, county, or local requirements. Wright Homes is not responsible for malfunctions or limitations in the operation of the system attributable to design restrictions imposed by state, county, or local governing agencies. Wright Homes is also not responsible for malfunctions which occur or are caused by conditions beyond Builder’s control, including your negligence, abuse, freezing, soil saturation, changes in ground water table, acts of nature or the inability of the soil to absorb gray water. You are responsible for periodic pumping of the septic tank and a normal need for pumping is not warranted. The following are considered your negligence or abuse as exclusion under the Limited Warranty: a.) excessive use of water such as overuse of washing machine and dishwasher, including their simultaneous use; b.) connection of sump pump, roof drains or backwash from water conditioner, to the system c.) Placing of non-biodegradable items in the system; d.) Addition of harsh chemicals, greases or cleaning agents, and excessive amounts of bleaches or drain cleaners; e.) Use of a food waste disposer not supplied by Builder; f.) Placement of impervious surfaces over the disposal area; g.) Allowing vehicles to drive or park over the disposal area; h.) Failure to periodically pump out the septic tank when required. i.) the addition of bedrooms or allowance of more use than originally designed. Sewage pumps are excluded under the Limited Warranty. Non-conventional septic systems are not warranted by the Builder but may carry a limited manufacturer’s warranty. Ask for a copy of the warranty from the manufacturer.
10. Water supply system fails to deliver water. All service connections to municipal water main or private water supply are Builder’s responsibility when installed by Builder. Wright Homes will repair as required if failure to supply water is the result of deficiency in workmanship or materials. If conditions exist which disrupt or eliminate the sources of water supply that are beyond Builder’s control, then Wright Homes is not responsible. Under any circumstance, Wright Homes will only warrant the water service from the house to the water meter for the first sixty days of the Limited Warranty coverage.
11. Water pressure/volume seems low at faucets: Water supply which is limited by an obstruction shall be corrected by the Builder prior to closing. After then you are responsible. The volume of water coming from a faucet must meet within the standards set by the manufacturer, which is subject to your utility company/water service providing you with adequate pressure. The Builder is not responsible for the pressure or volume controlled by your utility company or your well.
12. Water is contaminated: The Builder is not responsible for any type of contaminates found in the water and any adverse effects it may have. You are responsible for testing water before consumption. If dirt is present in the water the Builder shall flush all lines prior to closing. After closing you are responsible.
Heating and Air Conditioning
01. Inadequate heat. A heating system shall be capable of producing an inside temperature of at least 70-degrees Fahrenheit as measured in the center of the room at a height of five feet above the floor under local outdoor winter design conditions. NOTE FOR HEATING: There may be periods when the outdoor temperature falls below the design temperature, thereby lowering the temperature in Home. Wright Homes will correct heating system as required to provide the required temperatures if a deficiency exists. Orientation of Home and location of room will also provide a temperature differential, especially when the heating system is controlled by a single thermostat for one or more floor levels. You are responsible for balancing dampers and registers and for making other necessary minor adjustments.
02. Inadequate cooling. When air conditioning is provided, the cooling system is to be capable of maintaining a temperature of 78-degrees Fahrenheit as measured in the center of each room at height of five feet above the floor, under local outdoor summer design conditions. NOTE FOR AIR CONDITIONING: In the case of outside temperatures exceeding 95-degrees Fahrenheit, the system shall keep the inside temperature 15-degrees cooler than the outside temperature. National, state, or local requirements shall supersede this guideline where such requirements have been adopted by the local governing agency. Correct cooling system to meet the Construction Performance Guidelines during the Limited Warranty coverage. Orientation of Home and location of room will also create a temperature differential, especially when the air-conditioning system is controlled by a single thermostat for one or more levels. You are responsible for balancing dampers and registers and for making other necessary minor adjustments.
03. Ductwork and heating piping not insulated in un-insulated area. Ductwork and heating pipes that are run in un-insulated crawl spaces, garages or attics are to be insulated. Basements are not “un-insulated areas”, and no insulation is required. Builder shall install required insulation.
04. Condensate lines clog up. Builder shall provide clean and unobstructed lines on Effective Date of Warranty. Condensate lines will clog under normal conditions. You are responsible for continued operation of drain lines. This is not warranted.
05. Improper mechanical operation of evaporative cooling system. Equipment that does not function properly at temperature standard set is warranted. Wright Homes shall correct and adjust so that blower and water system operate as designed during the Limited Warranty coverage.
06. Ductwork makes noises. When metal is heated, it expands, and when cooled, it contracts. The resulting “ticking” or “crackling” sounds generally are to be expected and are not warranted.
07. Ductwork makes excessively loud noises known as “oil canning”. The stiffening of the ductwork and the gauge of metal used shall be such that ducts do not “oil can”. The booming noise caused by oil canning is warranted. Wright Homes will take the necessary steps to eliminate noise caused by oil canning.
08. Refrigerant lines leak. Builder-installed refrigerant lines or ground loop pipes that develop leaks during normal operation are warranted. Wright Homes will repair leaking lines and recharge the unit as required. Leaks due to your actions or negligence are excluded.
09. Ductwork separates, becomes unattached. Ductwork that is not intact or securely fastened is warranted. Wright Homes will reattach and re-secure all separated or unattached ductwork.
10. Bath vent fan drips. Bath vent fans should not drip unless there is excessive humidity present. Note: Range hood vents and bathroom vents must run continuously during use of kitchen or bathrooms and remain on no less than 20 minutes after usage. This will help eliminate humidity that collects in the vent pipes.
Electrical
01. Switches and Receptacles, or circuit breakers kick out. Circuit breakers that deactivate under normal usage, when reset or replaced are warranted during the Limited Warranty coverage. Wright Homes will check all wiring and replace wiring or breaker if it does not perform adequately or is defective.
02. Drafts from electrical outlets. The electrical junction box on exterior walls may produce a slight air flow whereby the cold air can be drawn through the outlet into a room. This problem is normal in new Home construction, and is not warranted.
03. Malfunction of electrical outlets, switches, or fixtures. All switches, fixtures and outlets which do not operate as intended are warranted during Limited Warranty coverage. Wright Homes will repair or replace defective switches, fixtures and outlets. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
04. Light fixture tarnishes. Finishes on light fixtures may be covered under their manufacturer’s warranty. However, Wright Homes does not warrant light fixtures, nor will they re-hang replacement fixtures.
05. Ground fault or Arc Fault interrupter trips frequently. Ground fault interrupters are sensitive safety devices installed into the electrical system to provide protection against electrical shock. These devices are sensitive and can be tripped very easily. Ground fault outlets or arc fault breakers that do not operate as intended are considered deficiencies. Wright Homes will replace the device if defective during the Limited Warranty coverage. After sixty days from the effective date of this Limited Warranty a deductible may be charged for this repair.
06. Electrical Conductors Failure of wiring to carry its designed load. Wiring that is not capable of carrying the designated load, for normal residential use to switches, receptacles, and equipment, are warranted. Wright homes will check wiring and replace if it fails to carry the design load.
07. Loss of Electrical Power Provided by the Utility Company. Wright Homes is not responsible for the loss of power provided by the utility company for any reason. Nor is Wright Homes responsible for the connection of permanent power or the delays in that connection. Wright Homes does not warrant generators or alternative power sourced of any kind, their connection, their use, or damage caused from their use.
Other
O01 There is no additional warrantable coverage. (Note: Review Exclusions.)
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