Montana Home Builder's Warranty Agreement

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Multi-State
Control #:
US-02251BG
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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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How to fill out Home Builder's Warranty Agreement?

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FAQ

These warranties are:the work will be performed with due care and skill.the work will be in accordance with any plans and specifications set out in the contract.all materials supplied will be suitable for the purpose for which they are to be used.materials will be new, unless otherwise specified.More items...?

Ten years is the standard period for most warranty policies, with the first two years being defects warranty and the remaining term being structural cover. Although backed by the warranty, builders are initially responsible for putting right defects affecting new homes.

Although each provider is different, warranties generally cover major structural elements such as foundations, roofs, ceilings, load bearing walls and stairs and glazing in outside walls. Warranties don't cover general wear and tear, superficial damage or damage caused by storms or other adverse weather.

In the UK, a builder is typically liable for their work as long as their contracts dictate, and that tends to be 1-2 years as is the standard limitation period in most contracts. Outside of typical contracts in a broader sense, the legal limit would typically be 6 years, in line with the Limitation Act, 1980.

A workmanship warranty provides homeowners with coverage against workmanship or installation errors. This type of warranty generally covers about one year following the completion of the work. However, this is not true for all contractors. Carefully read the fine print to get the details of the workmanship warranty.

Because home warranties apply to systems and appliances, structural problems aren't usually covered. Some contracts may allow for repairs to windows that threaten the integrity of the rest of your home, but window and door issues usually fall under homeowners insurance.

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.

What is it? The warranty will cover costs of up to $300,000 to amend structural flaws for a period of six years post-build. For non-structural defects, you are covered for two years. This includes out-of-pocket expenses including storage, removal and temporary fencing.

One common way that homeowners void their warranty is by performing unauthorized repairs. This could include using a licensed contractor that is not approved by your warranty provider. It also includes using an unlicensed contractor or attempting to do the repairs yourself.

A builder's warranty should offer homeowners and buyers peace of mind for ten years. Otherwise known as a structural warranty, this type of insurance ensures that any defects that are found, even several years after construction, will be fixed.

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Montana Home Builder's Warranty Agreement