Common use of Construction Defect Clause in Contracts

Construction Defect. (S) means a condition in the materials or workmanship used in constructing the HOME and/or the COMMON ELEMENTS that: • materially affects the structural integrity of the HOME or the COMMON ELEMENTS; or • has an obvious and material negative impact on the appearance of the HOME or the COMMON ELEMENTS; or • jeopardizes the life or safety of the occupants of the HOME or the users of the COMMON ELEMENTS; or • results in the inability of the HOME or the applicable COMMON ELEMENTS to provide the functions that can reasonably be expected in such a HOME or COMMON ELEMENT. CONSUMER PRODUCT means any piece of equipment, appliance or other item that is a CONSUMER PRODUCT for purposes of the Xxxxxxxx-Xxxx Warranty Act (15 U.S.C.§ 2301, et seq.) installed or included in the HOME. Examples of Consumer Products include, but are not limited to, dishwasher, garbage disposal, gas or electric cook-top, range, range hood, refrigerator or refrigerator/freezer combination, gas oven, electric oven, microwave oven, trash compactor, automatic garage door opener, clothes washer and dryer, hot water heater, solar water heater, solar water heating panels, furnace, boiler, heat pump, air conditioning unit, humidifier, thermostat, and security alarm system. EMERGENCY CONDITION means an event or situation that creates the imminent threat of damage to the HOME or COMMON ELEMENTS, or results in an unsafe living condition due to a CONSTRUCTION DEFECT that YOU (or as applicable, the HOMEOWNERS ASSOCIATION) become aware of at a point in time other than OUR normal business hours and YOU were unable to obtain OUR or OUR authorized representative’s prior written approval to initiate repairs to stabilize the condition or prevent further damage.