Common use of Construction and Inspection Clause in Contracts

Construction and Inspection. 1. The Member shall construct all homes, detached garages, commercial buildings and remodeling projects in conformity with RWC’s Warranty Standards, RWC approved building codes and all special industry standards recognized by RWC which are in force at the beginning of the construction of the home, detached garage, commercial building or remodeling project. In the event that a home, detached garage, commercial building or remodeling project is not constructed in accordance with an RWC approved model building code, then Member shall have full responsibility for warranty claims arising from such noncompliance for the entire length of the limited warranty. RWC may establish special standards, conditions and tests, including requirements for escrow payments or other methods of protection, with respect to some or all homes, detached garages, commercial buildings and remodeling projects constructed by Member which are high risk in the opinion of RWC. 2. RWC approved National Model Codes include: (a) Building Codes (1) International Building Code (IBC) (2) International Residential Code (IRC) (c) Plumbing Codes (1) International Plumbing Code (IPC) (b) Mechanical Codes (1) International Mechanical Code (IMC) (d) Electrical Codes (1) International Building Code (IBC) (2) International Residential Code (IRC) (3) National Fire Prevention Code 70 (NFPA70) (NEC) (e) Any building, mechanical, plumbing or electrical code that has been formally adopted by the state, city or local governing body in which the warranted home is located. 3. Member shall place all fill material in accordance with HUD Data Sheet 79g or its replacement unless more stringent requirements are called for by the design engineer. If Member is informed by RWC that it is building in an area designated as one with active soil conditions, Member agrees to obtain such soil investigations and reports as may be required by RWC. If such reports indicate a need for a specific foundation design, Member agrees to construct the foundation according to the design of a registered professional engineer to take into account the conditions disclosed by the soil tests. In the states of Alabama, Colorado, Louisiana, Mississippi, Oklahoma and Texas, as well as any other designated area, engineered foundations are required on all homes regardless of soil tests. An engineered foundation shall be defined as: “a site specific design generated and sealed by a professional engineer who is registered in the state in which the home is located.” The foundation must be inspected by the engineer or his authorized representative; must conform with all accepted engineering practices for the area; and address specific parameters including, but not limited to, soil conditions (vegetation, fence lines, trails, tracks, slopes, and cut and filled sections), drainage, time of construction, climate conditions, and structural requirements. This provision does not apply to Members who manufacture homes or commercial buildings, but do not erect those homes or commercial buildings on lots. 4. If RWC deems it appropriate, Member shall cooperate in spot inspections, periodic inspections and procedures. RWC shall recognize private and governmental inspection departments meeting RWC’s criteria. It shall be the Member’s responsibility to have every home, detached garage, commercial building or remodeling project inspected and to pay all fees for the inspections and various certificates as may be required by RWC. Manufacturers agree to have each home or commercial building inspected in accordance with the regulations of the State where the manufacturing facility is located. If there are no state requirements regarding routine inspections, Manufacturers agree to obtain inspections from an independent third party inspection agency recognized and accepted by RWC. Manufacturers agree to cooperate with additional periodic inspections and procedures, if RWC deems such additional inspections and procedures appropriate. 5. Member represents and warrants to RWC and WPMIC that it has followed the standards and procedures set forth herein and agrees to indemnify and hold them harmless from any loss or expense, including, but not limited to, attorney and expert fees, arising from a breach of these representations and warranties. 6. By enrolling a home, detached garage, commercial building or remodeling project for warranty coverage, Member warrants and certifies that it has investigated the soil conditions under and around the home, detached garage, commercial building or remodeling project and complied with the requirements of paragraph D.3.