Hawaii Home Builder's Warranty Agreement

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Multi-State
Control #:
US-02251BG
Format:
Word; 
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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

A labor warranty provides you with coverage against improper installation and generally lasts for a year. By comparison, a manufacturer product warranty usually covers failures or defects, and coverage can range from 10 to 30 years.

What Should Be in a Construction Contract?Identifying/Contact Information.Title and Description of the Project.Projected Timeline and Completion Date.Cost Estimate and Payment Schedule.Stop-Work Clause and Stop-Payment Clause.Act of God Clause.Change Order Agreement.Warranty.More items...

General Warranty Principles (Cont'd) Workmanlike may also be defined as the degree of care that a skilled workman, in this instance a contractor, would exercise under like or similar circumstances in the community in which the work is done.

Following is the list of the warranties that the law treats as implied in the contract of sale:Warranty As To Undisturbed Possession.The Warranty As To Non-Existence Of Encumbrances.Warranty As To The Disclosure Of Dangerous Nature Of Goods.The Warranty As To Non-Existence Of Encumbrances.More items...

For example, if a farmer goes to a farm supply store, and tells the salesman he needs a plow for the rocky soil of his farm, and the salesman directs him to a particular plow, there may be an implied warranty that the plow in question is fit for use in rocky soil.

That one year warranty period specifically refers to the obligation of the owner to give the contractor the right to cure, and the contractor's right to be able to fix the defective work.

Contractor warrants its work will be performed in a workmanlike manner, free from defects, and in accordance with industry standards for a period of one year (1) after substantial completion.

An implied warranty is a promise that something that is sold is fit for the proper purpose for which it is sold. It doesn't need to be written down in a contract because it is 'implied' by law.

Providing cover for ten years, a builder's guarantee also takes into account any associated risks. This includes damage caused by inadequate design work, poor workmanship, or other components that impact the basic foundations of a property. It also covers defective waterproofing and any drainage concerns.

In Hawaii is 6 years. Note the builder's guarantee or written warranty is deemed a contract. The Statute of Limitations for a negligence claim is times 2 years from when the defect was discovered, or in the exercise of reasonable diligence should have been discovered.

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Hawaii Home Builder's Warranty Agreement