WARRANTY MANUAL - By Bigelow Homes

WARRANTY MANUAL

WARRANTY MANUAL
CONTENTS
Introduction; Statutory Warranties Page 1
Warranty Procedures Page 2
30-Day Warranty Requests Page 3
11-Month Warranty Request Page 4
Emergency Warranty Claims Page 5

INTRODUCTION TO THE LIMITED WARRANTY
The following Limited Warranty is the Limited Warranty referred to in Paragraph Q of the
Terms and Conditions of the Home Purchase Contract (the “Contract”), and is being
delivered to Purchaser subject to all of the provisions of said Paragraph Q.
Under Texas law, all new homes are covered by warranties and performance standards
set forth by statute and by regulation (“Statutory Warranties”).
The Limited Warranty is limited to the warranties and performance standards set forth in
the Statutory Warranties. The periods for the Statutory Warranties generally are as
follows:
• a one-year workmanship and materials warranty;
• a two-year mechanical and delivery system warranty;
• a ten-year structural warranty; and
• a ten-year warranty of habitability.
As described in the Contract, these warranties are the only warranties that Seller
provides regarding the Home, and Seller disclaimes all other warranties, express or
implied.
The Statutory Warranties are developed and enforced by the Texas Residential
Construction Commission (“TRCC”). As a convenience to you, we have provided you
with a copy of the “Warranties and Performance Standards” document produced by the
TRCC (the “TRCC Booklet”) so that you can better understand the scope of the
Statutory Warranties. As noted in the TRCC Booklet, the TRCC Booklet does not cover
all aspects of the Statutory Warranties. A complete version of the Statutory Warranties
can be found on the TRCC website at http://www.trcc.state.tx.us.
Although you are allowed by law to request repairs under the Statutory Warranties at
any time during the applicable warranty period, to limit the number of times that you are
inconvenienced by our performing repairs, we request that you try to consolidate all
requests under this Limited Warranty into requests at three specific times:
• thirty (30) days after your closing date;
• eleven (11) months after your closing date; and
• twenty-three (23) months after your closing date.
Making requests in these time frames will help you to make any appropriate requests
before the applicable warranty period expires.
The remainder of this manual explains our preferred method for making repair requests.
If you are unsatisfied with our response to any such request, you will need to submit a
request to the TRCC for the State-sponsored Inspection and Dispute Resolution
Process. More information on this process is available at the TRCC website.
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WARRANTY PROCEDURES – ALL REQUESTS
REQUESTS FOR WARRANTY WORK
Even though we conducted a thorough review of your home prior to closing, as you live in
your new home, you may find items which require adjustment or attention that were not
noted on your Pre-closing Home Review form. To limit the inconvenience to you that would
be caused by multiple repair requests, we ask that you consolidate your repair requests to
the following times: (1) 30 days after your closing date; (2) 11 months after your closing
date. This manual includes forms for making requests at each of these times. Please use
these request forms, as it will make your warranty review run much smoother. If you have
valid repair requests regarding the structural warranty or the warranty of habitability after
the other warranties have expired, simply provide us with a notice of the problem in writing.
All requests for warranty work other than emergency service must be mailed in
writing to Bigelow San Marcos Development, LLC, 317 North Bishop, San Marcos,
Texas 78666.
WARRANTY HOURS
Our warranty procedures are based on the premise that we want to respond to you
promptly and thoroughly. Warranty work is done between 7:00 a.m. and 3:30 p.m.,
Monday through Friday. Only emergency services will be performed on weekends.
APPOINTMENTS
It is preferable that, at the time of your review, you schedule an appointment for completion
of the warranty work with our Construction / Warranty Manager. Although subcontractors
make every possible effort to have their employees at your home at the agreed time, it
sometimes does not happen. We know your time is valuable; however, we ask that you
allow 30 minutes after the agreed upon time prior to leaving the meeting. If you do find it
necessary to leave, please call our warranty office at 512 392-7046 and we will reschedule
an appointment at your convenience.
HOMEOWNER RESPONSIBILITY
Because of insurance liability requirements, a responsible adult must be present for
warranty work to be completed. It is imperative that you or an adult appointed by you meet
the subcontractor at the agreed time and be responsible for approving any item repaired or
replaced satisfactorily. Remember, you MUST sign the subcontractors work order for us to
maintain an accurate and timely warranty history.
WARRANTY REGISTRATION CARDS & FORMS
You should fill in and mail all of your appliance warranty registration cards and forms as
soon as possible to insure proper warranty coverage.
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WARRANTY PROCEDURES — 30 DAY REQUEST
30-DAY WARRANTY REQUEST
1. Write down any warranty items you may find that need attention on your 30-Day
Warranty Request form included at the end of this manual.
2. Send your 30-Day Warranty Request form to our main office in the enclosed preaddressed-stamped-envelope
by the date typed on the form. It is important that we receive
the form by the date listed so we can serve you promptly.
3. You will receive a letter in the mail confirming receipt of your request.
4. Our Construction/Warranty Manager will contact you to schedule an appointment to
review your request.
5. It is preferable that you schedule an appointment with our Construction/Warranty
Manager at the time of your review for the repairs to be completed, if this is not possible,
the subcontractors who need to do work in your home will contact you to schedule their
work.
6. We require each Bigelow subcontractor doing work at your home to obtain your
signature on our paperwork, prior to leaving your home, showing that the specific work has
been completed in a manner acceptable to you. Please ask them for the paperwork to sign
if someone forgets.
We suggest that you keep the Warranty Request form nearby when you first move into your
home so that as you find items needing attention, it will be convenient to write them down.
It is important during this period that you check everything for proper operation so that we
can limit the number of times you are inconvenienced by repair work.
We advise that you wait until 11 months after your closing date to report certain items such
as nail pops and drywall cracks. There are two reasons for this:
1. As your new homes "cures" and dries out most problems cease to exist; conversely,
other problems may arise that were not apparent earlier. If some problem seems to be
from shrinkage, humidity etc., it is better to wait and include it on your 11-Month Warranty
Request form.
2. We want to fix it - but only once!! If requested, the drywaller will reset nail pops and
repair drywall cracks, then touch up paint; he will not come back again unless the problems
rise to a violation of the Statutory Warranties.
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WARRANTY PROCEDURES — 11 MONTH REQUEST
11-MONTH WARRANTY REQUEST
1. Write down any NEW warranty items you may find that need attention on your 11-
Month Warranty Request form included at the end of this manual.
2. Send your 11-Month Warranty Request form to our main office in the enclosed preaddressed-stamped-envelope
by the date typed on the form. It is important that we receive
the form by the date listed so we can serve you promptly.
3. You will receive a letter in the mail confirming receipt of your request.
4. Our Construction/Warranty Manager will contact you to schedule an appointment to
review your request.
5. It is preferable that you schedule an appointment with our Construction/Warranty
Manager at the time of your review for the repairs to be completed, if this is not possible,
the subcontractors who need to do work in your home will contact you to schedule their
work.
6. We require each Bigelow subcontractor doing work at your home to obtain your
signature on our paperwork, prior to leaving your home, showing that the specific work has
been completed in a manner acceptable to you. Please ask them for the paperwork to sign
if someone forgets.
This 11-Month Warranty Request form is important since unless you provide us with timely
notice of other issues, it will be the last opportunity for us to provide warranty work
regarding workmanship or materials for your home. The statutory warranty for
workmanship and materials expires one (1) year from the date of closing. Be sure to
include all items needing attention. We will repair nail pops and drywall cracks (provided
you waited until now to make a request for all drywall repairs); however, the paint touch-up
may not match the original paint. We will not re-paint an entire ceiling or wall because of
nail pops and/or drywall cracks; we will only touch-up.
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EMERGENCY WARRANTY CLAIMS
The Definition of “EMERGENCY”
A PLUMBING, HEATING OR ELECTRICAL FAILURE THAT THREATENS THE HEALTH
OR SAFETY OF THE OCCUPANTS or a failure that if not corrected IMMEDIATELY,
will cause damage to your home.
This includes:
TOTAL Plumbing Failure (causing water damage to your home)
TOTAL Heating Failure (causing there to be no heat in your home & the outside
temperature is 45 degrees or colder)
TOTAL Electrical Failure (not caused by a power company outage)
EMERGENCY CALLS DURING DAYTIME HOURS
If you have an emergency, from 7:00 a.m. to 3:30 p.m., Monday through Friday, call your
Construction/Warranty Manager, who will be able to assist you and call for any
necessary subcontractors.
BLANCO RIVER VILLAGE WARRANTY OFFICE (512) 392-7046
Bigelow San Marcos Development, LLC Corporate Office (630) 631-0700
EMERGENCY CALLS AFTER HOURS
Heating/Air Conditioning:
(____C.A. Woods___512 805-0676______)
Plumbing:
(_____MRZ______ __210 967- 6100______)
Electrical:
(____Larry Read____866 388- 6043______)
NOTE:
Before you call the contractors emergency numbers, please be aware that YOU WILL BE
BILLED for these services if the problem turns out to be one not covered as a normal
warranty item. Example: The electricity is off on a circuit because the circuit breaker has
switched off. Also, if an emergency call turns out to be a problem that was homeowner
induced, no other warranty work will be completed until the bill is satisfied. Often a
homeowner can solve what might first appear to need professional attention with the aid of
phone advice from the appropriate subcontractor, be sure to ask for it if it's not offered
when you call for emergency assistance.
Please remember to use these emergency numbers for emergencies only.
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OTHER EMERGENCY PHONE NUMBERS
[Blue Bonnet] (512) 764-2870
[CenterPoint] (800) 427-7142
[Waste Water Utility] (512) 393-8010
[Local Building Authority] (512) 393-8000
Police Non-Emergency (512) 753-2108
POLICE/FIRE/MEDICAL 911
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