INDUSTRY CONSTRUCTION STANDARDS
ITEMS COVERED FOR THE FIRST YEAR OF THE WARRANTY PERIOD
1. Site Work
1.1 Grading
Deficiency
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.
Construction Standard
Some settling, especially next to the home foundation is to be expected. 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.
Builder/Warrantor Responsibility
If Builder has provided final grading. Builder shall fill settled areas affecting proper drainage, one time only during the first year Warranty period. Builder is then responsible for removal and replacement of shrubs and other landscaping (only if installed by Builder) affected by placement of the fill.
Exclusion
If buyer has landscaped the yard or in anyway altered the grade of the yard, buyer will remove the shrubs and other landscaping so builder can provide fill. Buyer is then responsible to replace buyer's shrubs and Landscape.
1.2 Drainage
Deficiency
Improper surface drainage.
Construction Standard
Necessary grades shall be established to provide proper drainage away from the Home. Site drainage, is limited to grades within 10-feet of the foundation of the Home. The possibility of standing water after an unusually heavy rainfall, snowfall and melt should be anticipated even within the drainage areas and is not to be considered a deficiency. Because of soil contents, absorption rates, water/soil saturations, yard size, slopes, sprinkling systems, drainage of yard and drainage of neighboring yards, standing water outside of the site drainage is not considered a deficiency. NO grading determination is to be made while there is frost or snow or when the ground is saturated.
Builder/Warrantor Responsibility
Responsible for initially establishing the proper grades, swells and drainage away from Home.
Exclusion
1. Standing or ponding water beyond 10-feet from the foundation of the Home, or that is within 10-feet that is caused by unusual heavy rains or snowfall, sprinkling systems or unusual grade conditions, side yards, retainage of treed areas, or sodding done by Homeowner - is not considered a defect.
2. Water traps next to foundation caused by minimal settling (less than the construction standard of 1.1) especially next to down spouts, or caused by Buyer curbing/bordering planter areas is not considered a Builder nor construction defect. Buyer shall regularly inspect and re-grade dirt around the home and especially next to downspouts to provide/allow proper water drainage away from home. Soil erosion and runoff caused by failure of the Homeowner to maintain the properly established grades, drainage structures and swales; stabilized soil, sodded, seeded and landscaped areas are excluded from Warranty Coverage.
3. The Buyer is responsible for checking and maintaining such grade and swales once properly established by Builder to prevent runoffs and erosion of soil. Any damaged caused by lack of such or negligence of such - including window area wells filling with surface water, flooding basements or water running down to the footing and foundation level causing structural damage is not considered a Builder nor construction defect nor covered under Warranty Coverage.
Deficiency
Grassed or landscaped areas, which are disturbed or damaged due to work on the property in correcting a deficiency.
Construction Standard
NONE. NO COVERAGE. Landscaped areas that are disturbed during repair work are defects.
Builder/Warrantor Responsibility
Restore grades, seed and landscape to meet original condition unless contracted otherwise.
Exclusion
Replacement of trees, large bushes, and curbing that existed at the time Home was constructed or those added by the Homeowner after occupancy or those that subsequently die are excluded from Warranty Coverage.
Deficiency
Exterior walkout basement sump drain does not sufficiently drain/handle surface rain/snow or hose water.
Construction Standard
Provide sump drains by exterior doors below the ground surface such as walkout basements with retaining walls for potential surface water with limited capacity. Because code does not allow exterior drains to be connected to the sewer system and because of soil contents, absorption rates, water/soil saturations, yard size, slopes, sprinkling systems, and drainage of yard standing water on drains is not considered a deficiency.
Builder/Warrantor Responsibility
NONE - No coverage. Buyer/owner assumes all responsibility in flooding of drain system should it not be able to handle exterior surface water.
Exclusion
The Buyer is responsible for checking and maintaining drains and may need to control flow of yard, etc. to minimize runoff to the sump drain. Any damaged caused by surface water, flooding basements or causing damage is not considered a Builder nor construction defect nor covered under Warranty Coverage.
1.3 Landscaping/Sprinklers
Deficiency
Landscaping (bushes, grass, sod, seed, trees, etc) is not thriving, or dies or is dieing.
Construction Standard
NONE: Buyer is responsible for proper care for new lawns and plans and must follow landscape instructions in watering, care, fertilizing, and mowing including but not limited to deep water trees and shrubs once or twice a week during the hottest part of the summer as sprinklers alone may not provide enough water to keep new plants/trees. Even with all of this, some plants may not take hold, struggle and die.
Builder/Warrantor Responsibility
NONE. NO COVERAGE. Buyer acknowledges that the Builder does not warranty landscaping in any way. Rather the landscape company provides said warranty should they provide a warranty and any landscape warranty issues are to be directed to the landscape company. Buyer acknowledges the Builder is not responsible for the loss of any trees, bushes or grass.
Deficiency
Sprinklers do not provide adequate coverage and leave dry spots.
Construction Standard
Sprinklers should provide water to all designated areas. Buyer is responsible for proper care and watering times and to provide proper watering for lawns including but not limited to deep water trees and shrubs once or twice a week by hand during the hottest part of the summer as sprinklers alone may not provide enough water to keep new plants/trees. Even with all of this, some plants and lawns may not take hold, struggle and die.
Builder/Warrantor Responsibility
NONE. NO COVERAGE. Buyer acknowledges that the Builder does not warranty sprinklers or sprinkling systems in any way. Rather the landscape company provides said warranty. Should the landscape company not provide a warranty, the buyer is responsible to inspect and accept before closing on the home. Buyer agrees that any warranty, landscape, or sprinkler questions or issues are to be directed to the landscape/sprinkler company. Buyer acknowledges the Builder is not responsible for any damage or loss due to sprinkler problems.