Common use of Construction Warranty Clause in Contracts

Construction Warranty. (a) Seller shall provide a Limited Warranty to the Buyer at Closing. Xxxxx acknowledges receipt of a copy of the Limited Warranty at the time of signing this Contract. The Limited Warranty is the only warranty, express or implied, which Seller makes to the Buyer. BUYER INITIAL (b) IT IS HEREBY EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT, EXCEPT FOR THE LIMITED WARRANTY AND EXCEPT FOR THOSE ITEMS NOTED IN THE “PUNCH LIST” PURSUANT TO THE FINAL WALK-THROUGH INSPECTION (SEE SECTION 15), SELLER IS NOT FURNISHING ANY OTHER WARRANTIES. BUYER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE DWELLING UNIT, THE PROPERTY AND OTHER IMPROVEMENTS CONSTRUCTED OR INSTALLED THEREON OR THEREIN, ARE EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY BUYER. (c) EXCEPT FOR THE LIMITED WARRANTY, BUYER ASSUMES THE RISK OF ANY AND ALL DAMAGE OCCURRING IN OR APPREARING ON THE PROPERTY OR THE DWELLING UNIT AND OTHER IMPROVEMENTS CONSTRUCTED THEREON AND APPURTENANT THERETO FROM AND AFTER THE DATE OF CLOSING, REGARDLESS OF THE CAUSE THEREOF. (x) Xxxxx agrees that by Closing the purchase of the Dwelling Unit as contemplated by this Contract, Xxxxx accepts the terms of the Limited Warranty and agrees to be bound by them whether Xxxxx actually signs the Limited Warranty or not. Xxxxx acknowledges that Xxxxx has read the Limited Warranty. (e) Xxxxx agrees that, prior to initiating any lawsuit, mediation, arbitration or other civil action against Seller for construction defects, omissions or errors, or for any other reason, Buyer must first: i. Notify Seller in writing delivered by certified mail, return receipt requested, by overnight courier service (e.g. FedEx or UPS) or by personal service, of the nature of any claim, error or omission (“Alleged Defect”), stating the location and description of each Alleged Defect in sufficient detail to determine the general nature of the Alleged Defect and any damages claimed to have been caused by the Alleged Defect (“Defect Notice”). Failure to so notify Seller within thirty (30) days of Buyer’s first discovery of the Alleged Defect shall be deemed a waiver of any right to assert a claim for said Alleged Defect, or any other claim for the same Alleged Defect in another location on the property as a continuing defect, error or omission. ii. Allow Seller thirty (30) days from the date Seller receives the Defect Notice to assess the Alleged Defect and forty-five (45) days from the date Seller receives the Defect Notice to commence repairs if necessary, which repairs shall be pursued diligently to conclusion. Seller shall be granted reasonable access to the Property for that purpose. In the event Seller denies liability of the Alleged Defect or Buyer disagrees with Xxxxxx’s proposed repairs, Xxxxx expressly agrees to participate in the Dispute Resolution Process outlined in Section 22. The Parties expressly agree that as long as Seller acts in accordance with this Section 18(e), that Seller shall be deemed to have acted in good faith. iii. Xxxxx agrees to the following covenants and restrictions, which shall survive Closing: a. Buyer shall regularly inspect and treat for mold. b. Buyer will maintain rain gutter downspout extenders in the down and extended position at all times and clear obstructions. Xxxxx acknowledges and agrees that failure to do so may cause excessive water to penetrate the ground adjacent the foundation and that water penetration may cause excessive swelling of soils possibly damaging the foundation. c. Buyer shall not plant plants within five feet of the perimeter of the foundation; Buyer shall not water within five feet of the perimeter of the foundation. (f) Buyer hereby waives any claim against Seller for damages attributable to breach of the covenants and requirements set forth in Section 18(e)iii or otherwise caused by Buyer. BUYER INDEMNIFIES AND AGREES TO HOLD HARMLESS SELLER AGAINST ANY CLAIM, LOSS OR EXPENSE INCURRED BY SELLER AS A RESULT OF BUYER’S BREACH OF THE COVENANTS AND AGREEMENTS CONTAINED IN THIS SECTION. BUYER INITIAL (g) Buyer acknowledges that no home can be constructed in a manner to completely prevent mold growth; and that City building code requirements for air tightness of dwelling units restricts the circulation of fresh air which could otherwise inhibit mold growth. Buyer covenants and agrees that it is Xxxxx’s obligation to maintain regular ventilation and air circulation and to prevent leakage at showers and sinks by properly maintaining plumbing seals, tile grout, caulking and painted surfaces. XXXXX HEREBY EXPRESSLY WAIVES, RELEASES AND SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, INJURIES OR ILLNESS OR HEALTH PROBLEMS BASED UPON THE PRESENCE OF MOLD IN THE DWELLING UNIT. BUYER ACKNOWLEDGES THAT INSURANCE FOR MOLD CLAIMS IN UNATTAINABLE BY SELLER. BUYER INITIAL