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proprietary materials this booklet and the materials contained in it are the property of the home builders remodelers of central new york inc association and are intended for the sole and exclusive use by its members in the construction and sale of new homes to residential purchasers the use of this booklet or any part contained in it including the limited warranty by any builder who is not a member of the association or by any organization other than the association is strictly prohibited prepared and adopted in 1988 revised in 1993 and 2009 resolution adopted by the board of directors of the home builders remodelers of central new york inc at its regularly scheduled meeting held october 28,2009 copyright© 1993 homebuilders association of central new york inc all rights reserved home builders remodelers of central new york an association of professionals 3675 james street syracuse ny 13206 builder id 110333 book your hbr of cny builder is also a member of nahb national association of home builder 2

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table of contents introduction 4 performance standards 4 limited warranty 5 performance guidelines site work 22 concrete floors 24 basement floor and walls 26 framing lumber and sub-floors 30 walls 34 insulation 35 windows 35 exterior doors 36 exterior wall cladding 39 exterior trim 43 roofs 45 plumbing 52 electrical 57 interior climate control 60 heating/cooling systems 63 interior 66 floor finishes 73 hardwood flooring 77 ceramics plastic laminate floors 80 fireplaces 82 decks 90 garage doors 91 appendix a final inspection before possession 93 appendix b notice of warranty claim 97 appendix c rules procedures for conciliation proceedings 101 appendix d information on mold 109 information on radon information on ice damming appendix e acknowledgements signatures 117 3

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introduction your new home has been constructed by skilled workmen in accordance with the construction and purchase contract executed by you and your builder and the plans and specifications to which you and your builder agreed as noted below this booklet has been made a part of your construction and purchase contract by specific reference therein and is divided into the following categories performance standards one of the purposes of this booklet is to define and establish standards of performance which are common in the industry in central new york and which are consistent with the new york state residential code referred to as the building code the performance standards set out in this booklet are intended to define standards for the construction of your home in accordance with the building code these standards have been developed after careful analysis of industry standards and accepted building practices in central new york and may periodically be supplemented as conditions and circumstances may warrant the home builders remodelers of central new york inc referred to as the hbr which has sponsored the development of this booklet and the performance standards has endeavored to include performance standards for most situations encountered by the homeowner it is noted that the performance standards set out herein are intended to be standards which are consistent with the building code as noted below your builder has provided you a written limited warranty which is located at the beginning of this booklet in the event the homeowner raises a question as to defective materials or workmanship during the limited warranty period the performance standards set out in this booklet when applicable shall be determinative and conclusive as to whether a defect exists and if so the builder s responsibility with regard thereto a secondary purpose of the performance standards is to set out some of the responsibilities of the homeowner for properly maintaining the home constructed by a builder member of the hbr along with some valuable suggestions on proper care and maintenance of the home and its products mechanical plumbing electrical and structural systems in your home are governed by the standards contained within the electrical and plumbing building code hence the performance standards does not include any standards for these systems in your home prior to closing and transfer of title to the homeowner or transfer of possession if the homeowner owns the lot upon which the builder constructed the home the home will be inspected by the appropriate municipal officer who will provide to the permitted party a certificate of occupancy as evidence that the home has been constructed in accordance with the standards prescribed in the building code 4

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limited warranty limited warranty warrantor the warrantor is the builder/seller identified in the construction and purchase contract to which this limited warranty is appended the home warranted is the residence constructed by the builder/seller as identified in the construction and purchase contract home warranted to whom warranted the home is warranted to the person or persons identified as the purchaser in the construction and purchase contract warranty date this limited warranty is effective upon transfer of title to or possession by the purchaser or his/her agent whichever is earlier referred to as the warranty date if the builder/seller constructs the home on the purchaser s lot or land the warranty date shall be the date of possession of the premises by purchaser limited warranty this limited warranty excludes all other warranties on the construction and sale of the home and its components both express and implied there are no warranties which extend beyond the face hereof the builder shall not be liable to the home owner for any damage to personal property or to any real property which may be a consequence of or result from any defect in materials or performance of the work that is the builder is responsible only for correcting the defect which may have caused any such damage and for nothing else except as the limited warranty may otherwise provide any damages and/or injuries resulted from exposure to moldor ra donaredeemedconsequentialand incidental damages under and expressly excluded from the limited warranty builder/seller is not responsible for any mold or radon in your home regardless of its source and regardless of any damages that the home its contents or injuries purchaser may incur 5

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builder s limit of total aggregate liability notwithstanding any other provision contained in this limited warranty the total aggregate liability of the builder under this limited warranty shall be limited to a a maximum of fifty percent 50 of the full contract price of the premises paid by the purchaser to the builder or in the alternative b if the purchaser s aggregate provable claims exceed a sum equal to fifty percent50 of said full contract price at purchaser s option in lieu of paying to the purchaser the maximum sum of fifty percent 50 of said full contract price and in full satisfaction of any and all claims which the purchaser may have against the builder purchaser may demand in writing that builder repurchase the premises from purchaser in such event builder shall repurchase the premises for a sum equal to the full contract price paid by the purchaser to the builder plus a sum equal to the cost of any additions or alterations made by the purchaser solely to the home at time of closing or transfer of possession i.e exclusive of additions or alterations made to outbuildings as defined by this limited warranty and actually paid by the purchaser provided further that such costs and payments are conclusively proven by the purchaser by original invoices signed original contracts and original or certified copies of cancelled checks premises is defined to mean the building lot or land identified in the construction and purchase contract and all improvements thereon including the home purchaser s aggregate provable claims is defined to mean the aggregate reasonable repair or replacement cost to the builder of each and every defect covered under this limited warranty and 1 repaired or replaced by the builder and/or 2 paid to the purchaser by the builder in lieu of repair or replacement plus any sums awarded by a court of law or equity in any actions commenced by the purchaser to enforce this limited warranty full contract price is defined to mean the contract price paid by the purchaser as such contract price may be adjusted by appropriate addenda signed by the purchaser and the builder the builder s obligation to repurchase the home is subject to and conditioned upon a the purchaser herein delivering marketable title free and clear of all liens and encumbrances and the land and all improvements thereon are in full compliance with all ordinances laws rules and regulations then obtaining and 6

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b the purchaser s aggregate provable claims total a sum in excess of fifty percent 50 of the full contract price in any action in a court of law or equity in which the purchaser s aggregate provable claims including damages awarded in any such action exceed fifty percent 50 of the full contract price 1 any money judgment entered pursuant to said court decision or jury verdict including interest and costs which may be awarded shall be limited to a sum equal to fifty percent 50 of said full contract price that being the builder s total aggregate liability less the builder s prior liability as defined below as the builder may demonstrate in any such action the builder s prior liability shall include the repair or replacement costs incurred by the builder in connection with all repairs or replacements of defective items made by the builder under this limited warranty plus all sums paid to the purchaser by the builder in lieu of repair or replacement plus the amount of any and all judgments which may have been awarded to purchaser against the builder resulting from any court actions brought by purchaser under this limited warranty in lieu of an action for money judgment as above the court may grant specific performance to the purchaser directing the builder to repurchase the premises for a purchase price at time of closing or transfer of possession equal to the full contract price paid by the purchaser to the builder plus the cost of improvements or alterations as defined above in any such action the court shall award either a money judgment for a sum which when added to the builder s prior liability will not exceed fifty percent 50 of the full contract price or judgment for specific performance if the purchaser s aggregate provable claims exceed fifty percent 50 of the full contract price 2 3 in the event the purchaser s aggregate provable claims exceed fifty percent 50 of the full contract price and the purchaser elects to have the builder repurchase his/her home as provided above the purchaser shall notify the builder in writing of his/her election to have the builder repurchase his/her home a as a condition of closing whether the repurchase is at the option of the purchaser or by order of the court the purchaser shall deliver to the builder a satisfaction of any judgments on file relating to the premises and a general release releasing the builder from any and all liabilities as of the date of closing purchaser shall also deliver to builder an up-to-date abstract of title of the premises a real property tax search beginning in 1978 and copies of the deed and other recording documents 7

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b closing shall take place within forty-five 45 days after notice of purchaser s election or notice of entry of an order of specific performance more or less at which closing the purchaser herein shall convey marketable title to the builder by warranty deed with lien covenant free and clear of all liens and encumbrances c at the closing the builder shall be credited with all sums paid to the purchaser by the builder in lieu of repair or replacement of any defect and not used by the purchaser in making any such repairs or replacement d payment of the full contract price to purchaser or payment of the balance of the full contract price as appropriate shall be in cash or its equivalent limited warranty terms and conditions 1 to whom given this limited warranty is extended solely to the purchaser named in the construction and purchase contract to which this limited warranty is appended and solely during the time the purchaser owns the home it does not extend to subsequent owners of the home or to other persons 2 by whom made this limited warranty is made exclusively by the builder/seller whose name and address appear on the construction and purchase contract referred to as the builder 3 final inspection of home before the purchaser moves into the home or accepts the deed the builder will set up an appointment for final inspection of the home with the purchaser the purpose of this final inspection is to discover and record in writing any defective items or flaws of a visible or obvious nature such as cracks chips dents stains or marks that may have occurred during the final stages of finishing the home or any unfinished work caused by circumstances not reasonably within the builder s control as used in this limited warranty home means the single-family house or unit in a multi-unit residential structure of five 5 stories or less in which title to the individual unit is transferred to the purchaser under a condominium or cooperative regime as identified in the construction and purchase contract and includes outbuildings and structures constructed by the builder agents of the builder or employees or subcontractors of the builder as used in this limited warranty outbuildings and structures means the following structures in which title passes exclusively to the purchaser inclusive detached garage carport utility sheds driveway walkways patios boundary walls retaining walls bulkheads fences and grading solely as it relates to drainage 8

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all defective items or flaws found upon final inspection of the home will be itemized on a final inspection before possession sheet which will be signed by the purchaser and the builder before occupancy of the premises by or transfer of title to purchaser the purpose of the limited warranty is to identify the builder s responsibilities for defective items of a latent or hidden kind that would not have been found or disclosed on final inspection of the home or which develop during the warranty periods when the purchaser moves into the home or accepts the deed the builder s responsibility is limited to a completion of items shown on the final before possession sheet as provided in said sheet and inspection b performance of warranty obligations under the provisions of this limited warranty as set out below 4 warranty coverage and periods the warranty period for all coverage begins on the warranty date which shall be conclusive for all purposes the warranty date is 1 the date that the purchaser takes title to the home or 2 the purchaser or any person authorized by the purchaser begins residential occupancy of the home whichever date is earlier a first year basic coverage for one 1 year from the warranty date referred to as the one year warranty period the home will be free from latent defective items that constitute 1 defective workmanship performed by the builder an agent of the builder or an employee or subcontractor of the builder 2 defective materials provided by the builder an agent of the builder or an employee or subcontractor of the builder and 3 defective outbuildings and structures constructed by the builder an agent of the builder or an employee or subcontractor of the builder workmanship and materials will be considered to be defective under this limited warranty if they fail to meet or exceed the relevant standards and specifications of the residential code of new york state referred to as the building code or if the building code does not provide a relevant specific standard if they fail to meet the performance standards contained within this booklet and which 9

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performance standards are expressly made a part hereof or if neither the building code nor the performance standards provide a relevant specific standard if they fail to meet or exceed locally accepted building practices in the case of goods sold incidentally with or included in the sale of the new home such as stoves microwaves refrigerators freezers room air conditioners dishwashers clothes washers and dryers workmanship will be considered to be defective if the builder an agent of the builder or an employee or subcontractor of the builder fails to install such goods in accordance with the relevant standards and specifications of the building code or in accordance with the referenced performance standards or locally accepted building practices as applicable as hereinafter set out exclusions from all coverage merchantability fitness and all other implied warranties with respect to such goods are excluded from this limited warranty and shall be governed by applicable laws and statutes b two year major systems coverage for two 2 years from the warranty date referred to as the two year warranty period the plumbing electrical heating cooling and ventilation systems of the home which have been installed by the builder an agent of the builder or an employee or subcontractor of the builder are warranted to be free from latent defects that constitute defective installation by the builder an agent of the builder or an employee of subcontractor of the builder installation will be considered to be defective if the builder s workmanship in such installation fails to meet or exceed the relevant standards and specifications of the building code or if the building code does not provide a relevant specific standard if it fails to meet or exceed the performance standards which are made a part of this limited warranty or if neither the building code nor the performance standards provide a relevant specific standard if they fail to meet or exceed locally accepted building practices the plumbing system means gas supply lines and fittings water supply waste and vent pipes and their fittings septic tanks and their drain fields water gas and sewer service piping and their extensions to the tie-in of a public utility connection or on-site well and sewage disposal system the electrical system means all wiring electrical boxes switches outlets and connections up to the public utility connection the heating cooling and ventilation system means all duct work steam water and refrigerant lines registers convectors radiation elements and dampers all systems are exclusive of appliances fixtures and items of equipment 10

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c six year major structural defect coverage for six 6 years from the warranty date referred to as the six year warranty period the home will be free from material defective items that are major structural defects as defined below and that constitute 1 defective workmanship performed by the builder an agent of the builder employee or subcontractor of the builder 2 defective materials provided by the builder an agent of the builder employee or subcontractor of the builder or 3 defective design provided by an architect landscape architect engineer surveyor or other design professional engaged solely by the builder workmanship materials and design will be considered to be defective if they fail to meet or exceed the relevant standards and specifications of the building code or if the building code does not provide a relevant specific standard if they fail to meet or exceed the performance standards which are made a part of this limited warranty or if neither the building code nor the performance standards provide a relevant specific standard if they fail to meet or exceed locally accepted building practices a major structural defect is a defect resulting in actual physical damage to the following load-bearing portions of the home caused by failure of such loadbearing portions which affects their load-bearing functions to the extent that the home becomes unsafe unsanitary or otherwise unlivable foundation systems and footings beams girders lintels columns walls and partitions floor systems and roof framing systems 5 warranty if a defect occurs in an item covered by this limited warranty during the applicable warranty period the builder will repair replace or pay the purchaser the reasonable cost of repairing or replacing the defective items within a reasonable time after the builder s inspection or testing confirms the defect as provided in paragraph 8 below provided however that repair replacement or payment of the reasonable cost for any major structural defect is limited to 1 the repair of damage to the load-bearing portions of the home which is necessary to restore their load-bearing function or the reasonable cost thereof and 2 the repair of those components of the home exclusive of personal property damaged by the major structural defect which made the home unsafe unsanitary or otherwise unlivable or the reasonable cost thereof reference in this limited warranty to repair of the defective items or variations thereof is defined to mean that the builder may at the builders option repair or replace the defective items or pay to the purchaser the reasonable cost of such repair or replacement or repurchase the premises under the terms and conditions contained within 11

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the section builder s limit of total aggregate liability the builder shall be fully released and discharged from any liability for said defect and upon the request of the builder a full release of all legal obligations with respect to the defect shall be signed by the purchaser and delivered to the builder if a defective item is repaired by the builder any such repair shall meet the standards of workmanship materials and design set out in this limited warranty 6 exclusions from all coverage the following are excluded from the basic coverage major system coverage and major structural defect coverage a magnuson-moss warranty act except as otherwise provided under first year basic coverage above this limited warranty does not cover manufacturing defects or loss or damage resulting from or to items excluded within the definition of consumer products under the magnuson-moss warranty act pb l 93-637 15 u.s.c 2301 which was signed into law in january 1975 the act applies to written warranties on tangible personal property which is normally used for personal family or household purposes this definition includes property which is intended to be attached to or installed in a home including but not limited to stoves microwaves refrigerators freezers room air conditioners dishwashers clothes washers and dryers furnaces water heaters light fixtures plumbing fixtures locks and appliances merchantability fitness and all other implied warranties with respect to such goods shall be governed by the magnuson-moss warranty act the new york uniform commercial code and other applicable statutes b defects in outbuildings and structures the limited warranty does not cover defects in landscaping including sodding seeding shrubs trees and plantings offsite improvements or outbuildings and structures not constructed by the builder an agent of the builder or an employee or subcontractor of the builder c obvious defects this limited warranty does not cover any item of defective workmanship or materials which were obvious during final inspection and were not included in the final inspection before possession sheet including without limitation any cracks chips dents stains or marks on kitchen cabinets plumbing fixtures electrical fixtures mirrors glass appliances micas vinyls ceramics painted/stained surfaces doors woodwork and carpeting d alteration of modifications this limited warranty does not cover any item of defective workmanship or materials for any material system or work which has been altered modified or supplemented in any material way or which was performed or installed by any person other than the builder an agent of the builder or employee or subcontractor of the builder 12

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e consequential damages this warranty excludes all consequential damages please see page 1 for details f other exclusions from coverage other exclusions from coverage under this limited warranty include without limitation the following 1 loss or damage caused by work performed by any person other than the builder an agent of the builder or an employee or subcontractor of the builder 2 loss or damage caused by materials supplied by any person other than the builder an agent of the builder or an employee or subcontractor of the builder 3 loss or damage caused by design provided by any person other than a design professional retained exclusively by the builder 4 after the first year basic coverage loss or damage caused by non-loadbearing concrete floors of basements and concrete floors of attached garages and porches 5 loss or damage to real property which is not part of the home covered by this limited warranty and which is not included in the full contract price of the home 6 loss or damage to the extent that it is caused or made worse by i negligence improper maintenance or improper operation by anyone other than the builder its employees agents or subcontractors or ii failure by the purchaser or anyone other than the builder its employees agents or subcontractors to comply with the warranty requirements of manufacturers or suppliers of appliances fixtures or items of equipment or iii failure of the purchaser to give notice to the builder of any defective items within the claim period defined below or iv changes in the grading of the ground by anyone other than the builder its employees agents or subcontractors or v changes alterations or additions made to the home by anyone after the warranty date or vi mold dampness or condensation or 13

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vii ice damming on roof 7 loss or damage caused by or resulting from accidents riot and civil commotion fire explosion smoke water escape falling objects aircraft vehicles acts of god lightning windstorm hail flood mudslide earthquake volcanic eruption wind-driven water ground water springs changes not reasonably foreseeable in the underground water table and generally caused by or resulting from acts of commission or omission beyond the builder s control loss or damage caused by the seepage of water loss or damage caused by the failure of purchaser to take timely action to minimize any such loss or damage 8 9 10 loss or damage caused by insects 11 loss or damage resulting from failure of the builder to complete construction of the home or to complete the construction timely 12 loss or damage caused by or which arises while the home is being used for nonresidential purposes 13 loss or damage resulting from abnormal loading on floors by the purchaser which exceeds design loads as mandated by the building code 14 any condition which does not result in actual physical damage to the home 15 normal wear and tear and normal deterioration 16 costs of shelter transportation food moving storage or other expenses associated with or related to any defective items or the repair or replacement of any defective items 17 any claim not processed in the manner set forth below in paragraph 8 step-by-step claims procedures 18 loss or damage resulting from the installation by the purchaser or his/her agent of fireplace glass doors and 19 loss or damage to the home its contents or personal injuries to the purchaser caused by mold from whatever cause 14

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6 step-by-step claims procedures as noted in paragraph 4 above this limited warranty has three 3 separate warranty periods of coverage defective items which are covered for one 1 year defective items which are covered for two 2 years and defective items which are covered for six 6 years the purchaser may make a claim for a defective item at any time during the appropriate warranty period of coverage and for a period of thirty 30 days thereafter referred to as the claim period any such claim for a defective item must be in writing and shall be made on a notice of warranty claim form provided by the builder a copy of which is attached hereto in appendix b however in order for the purchaser to preserve his/her rights under this limited warranty the purchaser must deliver the notice of warranty claim to the builder prior to the expiration of the applicable claim period the purchaser shall have the burden of proving that the notice of claim was timely delivered to the builder if the purchaser fails to deliver such notice of claim by the specified deadline the purchaser will forever be barred from making any claim for any defective item under this limited warranty for which the claim period has expired purchaser may deliver such notice of claim by regular mail certified mail/return receipt requested or by overnight courier and shall be deemed delivered when deposited to the custody of the united states postal service or the overnight courier as appropriate it is emphasized that delivery to the builder of a notice 0f warranty claim on a timely basis as provided above is a necessary condition to protect the purchaser s rights to warranty performance under this limited warranty and purchaser has the burden to prove that the notice of claim was timely delivered no steps taken by the builder purchaser or any other person to inspect test or correct defects will extend any time period under this limited warranty the builder s response to any complaint or request other than a timely and properly completed notice of claim will not impair prejudice or otherwise effect any right of the builder including but not limited to the builder s right to receive a timely and properly completed notice of warranty claim the purchaser shall follow the following claims procedure for each separate item which the purchaser claims is defective and covered under this limited warranty a the purchaser shall deliver to the builder a written notice of warranty claim for each defective items as provided above b within thirty 30 days from the date the builder receives the notice of claim from purchaser the builder will inspect and/or test that part of the home for which the claim for the defective items is made if the builder determines the claim is meritorious within ninety 90 days from the date of such inspection 15

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