New Home Warranty for Georgia

7/29/2019 New Home Warranty for Georgia

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New Home WarrantyGeorgia


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TABLE OF CONTENTS

I. INTRODUCTION .................................................................................................. 1

II. ONEYEARWARRANTY ..................................................................................... 1

A. COVERAGE ........................................................................................................... 1

B. REQUESTING WARRANTY SERVICE .............................................................. 1

C. LIMITATION OF LIABILITY .............................................................................. 1

D. DISPUTE SETTLEMENT PROCEDURES .......................................................... 2

III. TWOYEARWARRANTY .................................................................................... 3

A. COVERAGE ........................................................................................................... 3




IV. TENYEAREXPRESSLIMITEDWARRANTYBYBONDEDBUILDERS ...... 4

A. COVERAGE. .......................................................................................................... 4





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INTRODUCTIONThe Maronda Homes Limited Warranty Agreement ("THE WARRANTY") consists of thefollowing provisions and documents which these provisions incorporate by reference.

ONE YEAR WARRANTY

COVERAGEMARONDA HOMES, INC. OF GEORGIA ("MARONDA") warrants that the covered

home will be free from defects in workmanship and materials for one year after the date ofclosing on the covered home pursuant to the terms and conditions of the WORKMANSHIP,

MATERIALS AND SYSTEMS WARRANTY, BB-W1110WK ("BB-W1110WK"), issued byBONDED BUILDERS WARRANTY GROUP ("BONDED BUILDERS"), subject to the terms,

provisions and exclusions of coverage outlined in the GENERAL WARRANTY PROVISIONS,("BB-W1110GP"). A copy of BB-W1110WK and BB-W1110GP are attached hereto as Exhibit

A and are hereby incorporated herein. For purposes of THE WARRANTY, a "defect" is definedas any failure to meet the applicable standards set forth in the current edition of the Residential

Construction Performance Guidelines as published by the National Association of HomeBuilders ("GUIDELINES"), which GUIDELINES are incorporated herein. If MARONDA

determines there is a defect on a covered item, MARONDA, subject to the terms and conditionsof BB-W1110WK, will repair or replace the item, or will pay THE HOMEOWNER the

reasonable cost of repair or replacement of any covered defect. Except with regard to thedefinition of "defect" as set forth above, in the event of any inconsistency between the terms of

this paragraph and BB-W1110WK, the terms of BB-W1110WK, or any later versions thereof,shall control.

REQUESTING WARRANTY SERVICEIn addition to procedures set forth in BB-W1110WK, MARONDA will provide THE

HOMEOWNER with the proper procedure for requesting warranty service in the Homeowner'sGuide. However, if THE HOMEOWNER believes that there is a defect in the workmanship or

materials of the home, THE HOMEOWNER must first contact MARONDA in writing,Attention: Warranty Department before contacting BONDED BUILDERS. To preserve a claim

under THE WARRANTY and BB-W1110WK, THE HOMEOWNER must submit written noticeof the claim to MARONDA by certified mail, return receipt requested, at the addresses shown on

the Certificate of Coverage within 30 days of discovery of the defect, but no later than 30 daysafter the applicable warranty period expires. Notwithstanding the foregoing, in the event of

discovery of a defect which results in a dangerous or unsafe condition in the home or on the

property, or which would result in further damage to the home or property, THE HOMEOWNERmust contact the MARONDA Warranty Department immediately upon discovery of that defect.In the event of any inconsistency between the terms of this paragraph and BB-W1110WK, the

terms of BB-W1110WK, or any later versions thereof, shall control.

LIMITATION OF LIABILITY


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IT IS UNDERSTOOD AND AGREED THAT MARONDA'S LIABILITY, WHETHERBY CONTRACT, TORT, STATUTE, EQUITY, OR OTHERWISE, IS LIMITED TO THE

REMEDY PROVIDED IN THE WARRANTY. MARONDA'S OBLIGATIONS UNDER THEWARRANTY ARE LIMITED TO REPAIR AND REPLACEMENT. UNDER NO

CIRCUMSTANCES SHALL MARONDA BE LIABLE FOR ANY SPECIAL, INDIRECT OR

CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGESBASED ON A CLAIMED DECREASE IN THE VALUE OF THE HOME, EVEN IFMARONDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE

WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALLOTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO, ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY ORHABITABILITY, ARE DISCLAIMED AND EXCLUDED.

DISPUTE SETTLEMENT PROCEDURES RIGHT TO CURE

THE HOMEOWNER must follow the requirements of Georgias Right to Repair Act,O.C.G.A. Section 8-2-35 et seq., before THE HOMEOWNER may seek arbitration of the

dispute or, if permitted by applicable law, bring any legal action for an alleged constructiondefect in the covered home. Except as otherwise set forth in Georgias Right to Repair Act,

ninety (90) days before THE HOMEOWNER brings any legal action (including arbitration),THE HOMEOWNER must deliver written notice to MARONDA, stating that said notice is a

notice of claim served pursuant to O.C.G.A. 8-2-38, which notice must describe the allegeddefects with sufficient detail to explain the nature of the defects and the results of the defects,

and which notice must provide MARONDA any evidence that depicts the nature and cause ofthe construction defect, including expert reports, photographs, and videotapes. After service of

such notice of claim, THE HOMEOWNER and MARONDA must comply with the terms and

procedures set forth in Georgia's Right to Repair Act.

CONCILIATION PROCESSIf THE HOMEOWNER does not accept any offer which may be made by MARONDA in

accordance with Georgias Right to Repair Act to repair or pay for alleged construction defects,or if MARONDA does not timely make such an offer, then THE HOMEOWNER, MARONDA,

and BONDED BUILDERS agree that any dispute, controversy, claim or matter in questionregarding the workmanship and materials warranty as provided in BB-W1110WK, shall be

submitted to BONDED BUILDER'S Conciliation Process as outlined in Section G ofBB-W1110WK. In the event the dispute cannot be resolved by BONDED BUILDER'S

Conciliation Process, the dispute shall be submitted to BONDED BUILDER'S Claim ReviewGroup as discussed in Section G of BB-W1110WK.

ARBITRATIONIn the event the dispute cannot be resolved after the requirements of D1 and D2 have

been satisfied, any and all disputes arising under THE WARRANTY and BB-W1110WK shall

be submitted to binding arbitration and not a court for determination by a judge or jury.


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Arbitration shall commence after written notice is given from either party to the other, sucharbitration shall be accomplished expeditiously in the county where the covered home is located

and shall be conducted in accordance with the rules of the American Arbitration Association("AAA"). The arbitration shall be conducted by a single arbitrator who is mutually agreed upon

by the parties. In the event the parties are unable to agree on an arbitrator, each party shall select

an arbitrator from the AAA list, and those two arbitrators shall mutually select an arbitrator toarbitrate the issues between the parties. The arbitrator shall be selected from a list of arbitratorssubmitted by the AAA and shall have expertise in the homebuilding and construction area of

law. Judgment upon the award rendered by the arbitrator may be entered in any court havingjurisdiction thereof. Each party shall be responsible for its own legal fees and costs and any

other fees incurred in connection with an arbitration proceeding which arises out of or relates inany way to THE WARRANTY and BB-W1110WK. The arbitration panel shall award the

arbitrator's fees and costs to the prevailing party in its arbitration judgment. TO THE EXTENTA COURT OF COMPETENT JURISDICTION FINDS THAT ANY CLAIM BETWEEN

MARONDA AND THE HOMEOWNER IS NOT SUBJECT TO BINDING ARBITRATIONPURSUANT TO THE PROVISIONS OF THIS LIMITED WARRANTY, THEN MARONDA

AND THE HOMEOWNER KNOWINGLY WAIVE TRIAL BY JURY IN ANY ACTION,PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THEM IN

CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE FORM OF THECLAIM(S) MADE OR DAMAGES SOUGHT. THIS WAIVER OF JURY TRIAL WILL

EXTEND TO ANY THIRD PARTY NAMED IN ANY PROCEEDINGS BY MARONDA ORTHE HOMEOWNER.

TWO YEAR WARRANTY COVERAGE

Pursuant to the terms and conditions of BB-W1110WK, MARONDA warrants that the

covered home will be free from defects in the electrical, plumbing, and mechanical systems ("thesystems"), subject to the terms, provisions and exclusions of coverage outlined in BB-W1110GP.

Defects in the systems mean the failure to meet the applicable provisions of the GUIDELINES.If MARONDA determines there is a defect on a covered item, MARONDA, subject to the terms

and conditions of BB-W1110WK, will repair or replace the item, or pay THE HOMEOWNERthe reasonable cost of repair or replacement of any covered defect. Appliances, fixtures or

pieces of equipment that are covered by a manufacturer's warranty ARE NOT covered by THEWARRANTY or BB-W1110WK. Further, any defects of the systems resulting from failures in

an appliance, fixture or piece of equipment covered by a manufacturer's warranty ARE NOTcovered by THE WARRANTY or BB-W1110WK. In the event of any inconsistency between

the terms of this paragraph and BB-W1110WK, the terms of BB-W1110WK, or any later

versions thereof, shall control.

REQUESTING WARRANTY SERVICEIn addition to procedures set forth in BB-W1110WK, or any later modification thereof,

MARONDA will provide THE HOMEOWNER with the proper procedure for requestingwarranty service in the Homeowner's Guide. However, If THE HOMEOWNER believes that

there is a defect in the workmanship or materials of the home, THE HOMEOWNER must first


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contact MARONDA in writing, Attention: Warranty Department before contacting BONDEDBUILDERS. To preserve a claim under THE WARRANTY, THE HOMEOWNER must submit

written notice of the claim to MARONDA by certified mail, return receipt requested, at theaddresses shown on the Certificate of Coverage within 30 days of discovery the defect, but no

later than 30 days after the applicable warranty period expires. Notwithstanding the foregoing,

in the event of discovery of a defect which results in a dangerous or unsafe condition in the homeor on the property, or which would result in further damage to the home or property, THEHOMEOWNER must contact the MARONDA Warranty Department immediately upon

discovery of that defect. In the event of any inconsistency between the terms of this paragraphand BB-W1110WK, the terms of BB-W1110WK, or any later versions thereof, shall control.

LIMITATION OF LIABILITYIT IS UNDERSTOOD AND AGREED THAT MARONDA'S LIABILITY, WHETHER

BY CONTRACT, TORT, STATUTE, EQUITY, OR OTHERWISE, IS LIMITED TO THEREMEDY PROVIDED IN THE WARRANTY. MARONDA'S OBLIGATIONS UNDER THE

WARRANTY ARE LIMITED TO REPAIR AND REPLACEMENT. UNDER NOCIRCUMSTANCES SHALL MARONDA BE LIABLE FOR ANY SPECIAL, INDIRECT OR

CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGESBASED ON A CLAIMED DECREASE IN THE VALUE OF THE HOME, EVEN IF

MARONDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEWARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL

OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO, ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY OR

HABITABILITY, ARE DISCLAIMED AND EXCLUDED.

DISPUTE SETTLEMENT PROCEDURESAny dispute arising out of a defect in the electrical, plumbing, and mechanical systems

pursuant to the terms and conditions of BB-W1110WK, or any later versions thereof, must beresolved under the same dispute Settlement Procedures as outlined under Section D of the One

Year Warranty.

TEN YEAR EXPRESS LIMITED WARRANTY BY BONDED BUILDERS COVERAGE.

Pursuant to the terms and conditions of the EXPRESS LIMITED MAJOR

STRUCTURAL DEFECT WARRANTY ("BB-W1110ST"), BONDED BUILDERS warrants

that the covered home will be free from major structural defects for ten years after the date ofclosing, subject to the terms, provisions and exclusions of coverage outlined in BB-W1110GP.As discussed in BB-W1110ST, a "major structural defect" is actual physical damage to the

designated load-bearing portions of the covered home caused by failure of such load-bearingportions that affects their load-bearing functions and to the extent that the covered home

becomes unsafe, unsanitary, or otherwise uninhabitable. A copy of BB-W1110ST is attachedhereto as Exhibit A and incorporated herein. If BONDED BUILDERS determines there is a

defect on a covered item, BONDED BUILDERS, subject to the terms and conditions of


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BB-W1110ST, will repair or replace the item, or pay THE HOMEOWNER the reasonable costof repair or replacement of any covered defect. In the event of any inconsistency between the

terms of this paragraph and BB-W1110ST, the terms of BB-W1110ST, or any later versionsthereof, shall control. Notwithstanding anything to the contrary set forth above in this paragraph,

if a "major structural defect" is defined differently under the GUIDELINES than under

BB-W1110ST, then the definition of "major structural defect" for purpose of this paragraph shallbe as set forth or required under or by the GUIDELINES.

REQUESTING WARRANTY SERVICEIf THE HOMEOWNER believes that there is a major structural defect in the home, THE

HOMEOWNER must completely fill out and transmit to BONDED BUILDERS the BONDEDBUILDERS Structural Claim Form and comply with all terms and conditions of Section E of

BB-W1110ST. In addition, THE HOMEOWNER shall contact MARONDA in writing,Attention: Warranty Department. To preserve a claim under THE WARRANTY, THE

HOMEOWNER must submit written notice of the claim to BONDED BUILDERS ANDMARONDA as soon as detecting the major structural defect, but no later than 30 days after the

applicable warranty period expires. Notwithstanding the foregoing, in the event of discovery ofa defect which results in a dangerous or unsafe condition in the home or on the property, or

which would result in further damage to the home or property, THE HOMEOWNER mustcontact the MARONDA Warranty Department immediately upon discovery of that defect. In the

event of any inconsistency between the terms of this paragraph and BB-W1110ST, the terms ofBB-W1110ST, or any later versions thereof, shall control.

LIMITATION OF LIABILITYNOTWITHSTANDING THE FOREGOING, MARONDA DOES NOT PROVIDE ANY

WARRANTY FOR MAJOR STRUCTURAL DEFECTS AS DISCUSSED IN SECTION IV OFTHE WARRANTY. ALL WARRANTIES PROVIDED IN SECTION IV OF THE

WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE THE OBLIGATION OF BONDEDBUILDERS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THE

WARRANTY AND BB-W1110ST, THE TERMS OF BB-W1110ST, OR ANY LATERVERSIONS THEREOF, SHALL CONTROL.

DISPUTE SETTLEMENT PROCEDURES MEDIATION

The HOMEOWNER and MARONDA shall attempt to resolve any dispute over analleged major structural defect in BB-W1110ST in the manner provided for by Georgias

Right to Repair Act. If such dispute is not so resolved, then as a condition precedent to thecommencement of any legal proceeding or action relating to BB-W1110ST, THE

HOMEOWNER, BONDED BUILDERS, and MARONDA will attempt to resolve any disputesby mediation, which shall be in accordance with Section F of BB-W1110ST.


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ARBITRATIONIn the event the dispute cannot be resolved after the requirement of D1 has been satisfied,

any and all disputes arising under BB-W1110ST shall be submitted to binding arbitration and nota court for determination by a judge or jury. Arbitration shall commence after written notice is

given from either party to the other, such arbitration shall be accomplished expeditiously in thecounty where the covered home is located and shall be conducted in accordance with the rules of

the AAA. The arbitration shall be conducted by a single arbitrator who is mutually agreed uponby the parties. In the event the parties are unable to agree on an arbitrator, each party shall select

an arbitrator from the AAA list, and those two arbitrators shall mutually select an arbitrator toarbitrator the issues between the parties. The arbitrator shall be selected from a list of arbitrators

submitted by the AAA and shall have expertise in the homebuilding and construction area oflaw. Judgment upon the award rendered by the arbitrator may be entered in any court having

jurisdiction thereof. Each party shall be responsible for its own legal fees and costs and anyother fees incurred in connection with an arbitration proceeding which arises out of or relates in

any way to BB-W1110ST, provided. The arbitration panel shall award the arbitrator's fees andcosts to the prevailing party in its arbitration judgment.

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New Home Warranty for Georgia