South Dakota 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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FAQ

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.

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.

Warranties are traditionally enforceable for twelve years following practical completion of the works. There is a good practical reason for this. Industry experience indicates that most defects will be revealed during the first two years, with the remainder emerging during the next eight years5.

How long are they valid for? Competent person schemes must be a minimum of 6 years.

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.

An Insurance Backed Guarantee (or Workmanship Warranty as is sometime referred to) protects the client in the event their Contractor ceases to trade or is unable to fulfill the contract or project. It covers the workmanship and materials used by the Contractor up to a maximum of 10 years.

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South Dakota Home Builder's Warranty Agreement