Authors: David S. Jaffe, David Crump, Felicia K. Watson
ISBN-13: 9780867186338, ISBN-10: 086718633X
Format: Hardcover
Publisher: Builderbooks
Date Published: October 2007
Edition: (Non-applicable)
Book Synopsis
Customers expect warranties. You provide them to show you stand behind your work. But are you adequately protecting yourself and your business?
Profit from the legal wisdom of the National Association of Home Builders staff attorneys. The authors provide new information about warranties based on research for NAHB members on hundreds of warranty issues. The second edition of Warranties for Builders and Remodelers helps inform and protect builders and remodelers. It addresses the changes to state statutes of repose applicable to construction and changes and additions to the mandatory notice provisions in states that have these laws. It also includes the new mandatory notice provision for Washington, DC.
Warranties for Builders and Remodelers, second edition, presents, clear explanations of implied warranties, statutory warranties, warranties imposed by courts, and more, sample language and formats for warranty documents, your rights and responsibilities and the recommended practices and procedures, tips for drafting warranties that work, state-by-state list of cases and statutes applicable to construction claims. Builder and remodeler warranties are among the most important issues affecting the construction industry. With the guidance of your attorney and this book, you can learn how to properly use warranties to market your services and avoid expensive mistakes.
Table of Contents
List of Figures v
Acknowledgments vii
About the Authors ix
Introduction xi
Express Warranties 1
Written Versus Oral 1
Exclusive Warranty 2
Limited Warranty 2
Implied Warranties 5
Sample Case Law 7
Disclaimers 9
Disclaimers of Implied Warranties 9
Sample Case Law 14
The Warranty Document 17
Sample Warranty Forms 20
Claims Procedures 37
Be Proactive in Approaching Your Building Project 38
Establish and Implement Best Practices 38
Construction Performance Guidelines 40
Notice and Opportunity to Repair (NOR) Legislation 41
Common Components of NOR Legislation 41
States Without NOR Legislation 44
Alternative Dispute Resolution 55
Mediation 55
Arbitration 56
Statutory Warranties 61
California, Cal. Civil Code [section] 895-[section] 945.5 61
Connecticut, Conn. Gen. Stat. Ann. [section] 47-116-[section] 47-121 62
Indiana, Ind. Code [section] 32-27-2-1-[section] 32-27-2-11 63
Louisiana, La. Rev. Stat. Ann. [section] 9:3141-[section] 9:3150 63
Maine, Me. Rev. Stat. Ann. [section]1487(10.) 64
Maryland, Md. Code Ann., Real Prop. [section] 10-604-[section] 10-610 64
Minnesota, Minn. Stat. [section] 327A.01-[section] 327A.08 65
Mississippi, Miss. Code [section] 83-58-1-[section] 83-58-17 65
New Jersey, N.J. Stat. Ann. [section] 46:3B-1-46:3B-20 66
New York, N.Y. Gen. Bus. [section] 777-[section] 777(b) 66
Texas, Tx. Property Code [section] 430.001-[section] 430.011 and Tx. Administrative Code [section] 304.1-[section] 304.3 67
Virginia, Va. Code Ann. [section] 55-70.1 68
Warranties Mandated by HUD 71
The Magnuson-Moss Warranty Act 73
Statutes of Repose Applicable to Construction Claims by State 79
Cases and Statutes, State by State 87
Glossary 135
Resources 139
Organizations 139
Publications 140
Index 143
Subjects