by John R. Schneider

Builders are required to provide new homebuyers a copy of their warranty provisions prior to the close of escrow. Most builders are going to great lengths to make sure their buyers fully understand the requirements of their warranty provisions, and the responsibilities a new homeowner has in maintaining the systems and components of their homes. If the buyer does not understand these procedural requirements, they may loose their right to claim a construction defect. Let me give you an example of what major builder is doing.

A couple of months ago, I performed an inspection on a new home in the East Bay built by the South Bay Division of Standard Pacific Homes. The builder had done an extremely good job at ensuring the house was ready for the final walkthrough. Shortly after my inspection, the buyers had their final walkthrough with the builder’s representative who educated and informed the buyers as to the care and maintenance of their home. At the end of the walkthrough, the buyers were presented with a maintenance poster and a new toolbox full of basic hand tools and supplies. The poster was entitled, “Scheduled Maintenance for Your Home” and illustrated 32 areas of home maintenance, and when maintenance should be performed.

I had an opportunity to speak with Anthony Barrios, Standard Pacific’s South Bay Division’s Customer Care Manager for Quality Control. I asked him about the poster and the toolbox he gave to the new homeowners. Anthony stated that this was part of the way Standard Pacific Homes is complying with the provisions of SB 800. He stated, “Standard Pacific Homes has spent months designing a warranty program that would clearly outline warranty provisions and the maintenance requirements of their homes. We wanted to create a program that would actively involve the homeowner, while at the same time providing them with the fundamental tools and information they would need to be successful.”

Barrios continued, “The one thing that Senate Bill 800 did to help out both the builder and the consumer was to clearly identify how building products and components are to perform, and the importance of providing warranty and maintenance information to buyers to allow them to keep their homes in optimum condition. As a builder, we have always stood behind the quality of our homes, the only difference now is that the homeowner needs to take a more active role. In essence, Standard Pacific and the homeowner have become team players.”

“The most difficult part of implementing this warranty program was gathering all of the warranty and operational information for every product and component used in the construction of our homes. At the present time, all of this information has been assembled into a large binder that we give to our buyers. If there is ever a problem with the fireplace starter, the grout on the kitchen counter, or the operation of the windows, the homeowner will have all of this information at his or her fingertips to review. However, we are currently in the process of putting all of this information on a CD, so our homeowners will be able to access all of this information directly off of their computers”

With regards to the poster and toolbox that is given to every new homebuyer, Anthony commented, “we give these items to the homeowner at their final walkthrough and explain their legal responsibilities for maintaining their homes. The poster lists maintenance periods for the various items of the house, and during the first year, we send out requests for service after the second, sixth, and eleventh months to see if there is anything that needs to be addressed. This gives Standard Pacific and the homeowner several opportunities to fix anything needing attention. The tool box is a gift from Standard Pacific Homes and is filled with basic hand tools and maintenance supplies to give the homeowner the resources to perform basic maintenance or minor repairs.”

Standard Pacific Homes’ warranty program is an example of how one builder has responded to the warranty requirements of SB 800, and it seems to be working. As a builder, they have taken a proactive approach in maintaining the quality control of their homes and the satisfaction of their customers.

Note: Due to numerous requests from readers for information about SB 800 and the statues of limitations for construction defects, that All About Homes, Inc, has created a Special Report  that summarizes the main points of the bill, and how it compares to the requirements for patent and latent defects.  To view or download a copy of this report, please visit our website at www.allabouthomes.com , and click on the “Download a PDF Version” link for Senate Bill 800 (SB800) Warranty & Provisions for New Construction.

John R. Schneider is a licensed general building contractor and an ICC certified residential code specialist. He is president of All About Homes, a residential inspection company, and has been performing code and construction consultations since 1985.  Readers may address their comments to John Schneider, 24326 Mission Blvd., Suite 7, Hayward, CA  94544, Fax number: 510-537-8666, or on the web at www.allabouthomes.com . 

Copyright 2004, John R. Schneider, all rights reserved.