Florida Home Builder's Warranty Agreement

State:
Multi-State
Control #:
US-02251BG
Format:
Word; 
Rich Text
Instant download

Description

What is a Home Builder’s Warranty Agreement?


When a new construction home is completed by a home builder, the client should be confident that the manufacturer or seller they’ve hired will provide high-quality products and perform high-quality work. In the construction industry, client confidence becomes even more critical as the high standards expected of contractors directly impact safety. In such situations, warranty contracts come in handy.


A construction warranty is a legal document in which the contractor provides a covenant that guarantees to the client (homeowner) that they will perform all works following building codes and standards and project specifications without flaws or defects. Breaching such an agreement results in monetary recovery of related damages and costs for material replacement or reparation works to be carried out at the contractor's expense.


The Magnuson-Moss Warranty Act, a US federal law enacted in 1975, regulates warranty contracts. It states that while not all products and services require written guarantees, if parties conclude one, then such an agreement must comply with the Act. This law aims to prevent manufacturers from misleading clients with inappropriate and unfairly made disclaimers on the guarantees.


Types of warranties


There are two general types of contractor warranty agreements:



  • Express warranty is a written or verbal guarantee from the seller that the purchased product is of a certain quality and that the seller can replace or repair it if there are any defects.

  • Implied warranty is a guarantee that the purchased product operates as it should.


Builders’ warranties operate under another classification because of industry specifics:



  • Time-based warranty is the contractor’s promise to provide a particular thing in a defined condition at a specified time (for example, to guarantee the construction is waterproof for a certain number of years).

  • General warranty is a guarantee to perform defined works according to the project blueprints and specifications without a time reference.


Preparing a new Home builder warranty To complete your paperwork correctly, use a verified home builder’s timely-based guarantee agreement from the US Legal Forms library. This multi-state editable and printable legal template requires you to fill out the following information:



  1. Name and contact details of the contractor and the buyer;

  2. Newly-constructed house description;

  3. List of items that are under builder’s guarantees (can be expanded);

  4. List of items the builder doesn’t take responsibility for (can be changed);

  5. Name of the state that will govern the agreement.

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FAQ

As provided by Florida Statutes, Chapter 558, builders/contractors involved in the construction of a property with defects must receive notice of any existing defects and an opportunity to fix them before the buyer can sue them.

Florida's statute of limitations for construction, also found in section 95.11(3)(c), Florida Statutes, is 4 years, and it also runs from the latest to occur of those same events.

(b) For a period of 1 year after completion of all construction, a warranty as to all other improvements and materials.

(a) For a period of 3 years from the date of completion of construction of a building or improvement, a warranty as to the roof and structural components of the building or improvement and mechanical and plumbing elements serving a building or an improvement, except mechanical elements serving only one unit.

Under Florida law, you have four years to file a case in court when the parties' obligations are founded on a contract for improvement of real estate. If you fail to initiate litigation within a time frame, you are forever barred from pursuing a breach of contract action.

How to complain if you're unhappy with building workTalk to your trader.Start a formal complaints procedure.Use an Alternative Dispute Resolution scheme.Try to recover the costs.Contact Trading Standards.Collect evidence and claim costs.Go to the small claims court.Find a trusted trader near you.

Do you need a builder's warranty if you are buying a new build property? Yes. It's a common misconception that homeowners buying a new build will not need a builder's warranty. In fact, many new builds can encounter issues within the first ten years.

In Florida, a claim for construction defects must generally be made within 4 years ( 10 years for latent construction defects). This provides a hard stop and limits liability for construction businesses. If the work was done more than 10 years ago, no claim can be made.

If you wish to file a complaint against a contractor, you may contact the Department of Business & Professional Regulation online at or by phone at (850) 487-1395.

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Florida Home Builder's Warranty Agreement