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Typical Builder Warranty?

16 years ago

I know the 1 year warranty, but isn't there anything for the structural/foundation? What if the basement caves in or cracks in walls or? I thought I read somewhere there is a 10 year warranty for structural?

Comments (9)

  • 16 years ago

    The warranty is determined by the contract and can be anything you and the builder agree to.

    If a failure can be proved to be due to noncompliance with the contract documents, it would not be a warranty issue but a breach of contract issue.

  • 16 years ago

    Thanks!

    What is reasonable to ask for? He gives a 1 year warranty in the contract. Wouldn't the excavation/cement be with the excavation company and not the builder?

  • 16 years ago

    The only people who would have a direct obligation to you would be those with whom you have a contract. It is possible to have a direct contract with the foundation contractor but but it would be rare.

    The term builder does not tell us enough; there is usually a general contractor who may have his own forces but all sub-contractors (like excavation and foundation contractors) normally work for him rather than the owner.

    If you have a Construction Manager (as Adviser) who coordinates the work of contractors and is not at risk, then the foundation contractor might have a contract with you and you might pay him directly. I don't advise this arrangement for anyone who is not highly experienced in home construction.

    It would help to know the nature of your contract.

  • 16 years ago

    Yes, we are using a GC who is employing the subs. I guess I'm confused, because I would think the subs guarantee their work for whatever period of time. The builder gives a 1 year, however that seems ridiculous for things like structure/mechanical/roofing.

  • 16 years ago

    The 1 year blanket warranty in intended to cover things that usually go wrong in that time period and are not covered by more specific warranties so it doesn't void other explicit or implied warranties.

    Many materials, equipment, and systems have warranties from the manufacturer and/or installer which are given to the homeowner at the completion of the project usually in a notebook.

    The structure would not have a limited warranty period since it is expected to last far longer than the other elements of the house. A failure, unless caused by an act of God or owner negligence, would be the subject of litigation if testing found that the builder or designer had failed to follow acceptable engineering practice or meet building codes or the original specification.

  • 16 years ago

    macv THANK YOU

    You explained it in such detail it makes perfect sense now.

    There is a lawsuit provision in the contract of five years.

  • 16 years ago

    Minimum Warranty periods are established by State laws and typically extend to any contractor or subcontractor who has worked on your house regardless of the existence of any written contracts.

    Written contracts may extend warranty periods if both the owner and contractor(s) agree, but if no written contracts exist, the default is always the State legal minimum.

    In most states, that minimum is 1 year for both materials and labor unless the materials and labor have been offered 'without warranty' in writing, in which case no warranty periods exist.

  • 16 years ago

    State required minimum warranties vary greatly. Texas probably has the toughest.

    Here is a link that might be useful: Texas home warranties