4.11 SR 10-07-2024 - Laserfiche WebLink

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(g) loss or damage from negligence, improper maintenance or alteration of the dwelling or the home improvement by parties other than the home improvement contractor; (h) loss or damage from changes in grading of the ground around the dwelling or the home improvement by parties other than the home improvement contractor; (i) landscaping or insect loss or damage; (j) loss or damage from failure to maintain the dwelling or the home improvement in good repair; (k) loss or damage which the Owners, whenever feasible, have not taken timely action to minimize; (l) loss or damage which occurs after the dwelling or the home improvement is no longer used primarily as a residence; (m) accidental loss or damage usually described as acts of God, including, but not limited to: fire, explosion, smoke, water escape, windstorm, hail or lightning, falling trees, aircraft and vehicles, flood, and earthquake, except when the loss or damage is caused by failure to comply with building standards; (n) loss or damage from soil movement which is compensated by legislation or covered by insurance; (o) loss or damage due to soil conditions where construction is done upon lands owned by the Owners and obtained by the Owners from a source independent of the home improvement contractor; (p) in the case of home improvement work, loss or damage due to defects in the existing structure and systems not caused by the home improvement. In addition, the terms of the home improvement warranties required by Section 327A commence upon completion of the home improvement and the term shall not be required to be renewed or extended if the home improvement contractor performs additional improvements required by warranty, and the warranties in Section 327A do not include products or materials installed that are already covered by implied or written warranty. It is important to note that Section 327A.03 requires the Owners to notify Company in writing within six months after the Owners discovers or should have discovered any loss or damage alleged to have occurred in the home improvement work caused by faulty workmanship or defective materials. The Owners must also allow Company to inspect the Property to evaluate the alleged loss or damages, and to prepare a written offer to repair. This process is detailed in Section 327A.02. The Owners must allow an inspection for purposes of the preparation of an offer to repair the alleged loss or damage under subdivision 5. The inspection must be performed by the home improvement contractor within 30 days of the notification under Section 327A.02, clause (a). Any damage to property caused as a result of an inspection must be promptly repaired by the inspecting party to restore the property to its pre-inspected condition. Within 15 days of completion of the inspection the home improvement contractor must provide to the vendee or Owners a written offer to repair. The offer to repair must include, at a minimum: (1) the scope of the proposed repair work; and (2) the proposed date on which the repair work would begin and the estimated date of completion. If the parties agree to a scope of work, the vendor or home improvement contractor must perform the repair work in accordance with the offer to repair. If the parties do not agree to a scope of work, 9/12/24, 9:13 PM Proposal Print https://buildertrend.net/app/LeadProposal/Print/10081477 8/12Page 76 of 139