Probably not. But then every remodeler isn’t Roelofs Remodeling. Read the warranty. Know your rights before you sign on the dotted line. This is what full disclosure is all about. Or at least it is when you deal with a remodeler with integrity:
In the belief that both the consumer and the remodeling contractor will benefit from knowing what their respective warranty rights are, the Remodelors Council of the Twin Cities™ has prepared this document for its member/contractors to distribute to their customers. The following is a summary of the Minnesota Home Improvement Warranty Law which went into effect January 1, 1982. In the event this summary conflicts with the actual language of the law, as it may be amended or changed from time to time, the actual language of the law shall control
Identity of Warrantor
Your remodeling contractor is the Warrantor under the Minnesota Home Improvement Warranty Law.
- For home improvement work involving major structural changes or additions to a residential building, the Remodeler warrants to the Owners
- For a one year period, the Home improvement shall be free from defects caused by faulty workmanship and defective materials due to non-compliance with building standards; and,
- For a ten year period, the home improvement shall be free from major construction defects.
- For home improvement work involving installation of plumbing, electrical, heating or cooling systems, the Remodeler warrants to the Owner that, for a two year period, the home Improvement shall be free from defects, caused by faulty installation of the system or systems.
- For any other home improvement work not covered by paragraphs 1 and 2 above, the Remodeler warrants to the Owner that, for one year period, the home improvement shall be free from defects caused by faulty installation of the system or systems.
- The warranty periods commence upon completion of the home improvement. The warranty period shall not be renewed or extended if the Remodeler performs correction work required by the Warranty.
These warranties are extended to the current owner of the home and are automatically transferred to the new owner when the current owner sells the home.
Waiver and Modification
These warranties can not be waived or modified by contract or otherwise, by either party. Any agreement which attempts to waive or modify the warranty shall be void.
Upon breach of any home improvement warranty, the Owner shall have a cause of action against the Remodeler for damages arising out of the breach, or for specific performance. Damages shall be limited to the amount necessary to remedy the defect, or breach.
Notice You Must Give
If you discover a defect in the Remodeler’s work which you think is covered by warranty, notify the Remodeler in writing immediately. If you fail to notify the Remodeler in writing within six months after you discover (or should have discovered) the defect, the law removes the Remodeler’s obligation to correct that defect.
Exclusions From Coverage
The Remodeler is not liable for any of the following loss or damage that might occur to the home improvement:
- Loss or damage not reported by the owner, in writing within six months after the owner discovered the loss or damage.
- Defects in design, installation or materials which the owner supplied, installed or had installed under his direction.
- Secondary loss or damage such as personal injury or property damage.
- Normal wear and tear.
- Shrinkage due to the “drying out” of the improvement after construction, within tolerances of building standards.
- Dampness and condensation due to insufficient ventilation after occupancy.
- Negligence, or improper maintenance or alteration by parties other than the Remodeler.
- Changes or alterations by parties other than the Remodeler or his subcontractors in the grading of the ground.
- Landscaping or insect damage.
- Owner’s failure to keep and maintain the improvement in good repair and condition.
- Owner’s failure to take timely action to minimize damages whenever feasible.
- Loss or damage which occurs after the improvement is no longer used primarily as a residence.
- Accidental loss or damage including, but not limited to fire, explosion, smoke, water escape, windstorm, hail or lighting, falling trees, aircraft and vehicles, floods and earthquake.
- Soil conditions where construction is done upon Owner’s land and obtained by him from a source independent of the Remodeler.
- Damage due to defects in existing structure or systems which is not caused by the home improvement.
- The home improvement warranties do not include products or materials installed that are already covered by implied or written warranty.
- The home improvement warranties cover residential buildings but do not include swimming pools or other recreational facilities detached garages, driveways, walkways, patios, boundary walls, retaining walls not necessary for the structural stability of the building, landscaping, fences, nonpermanent construction materials, off-site improvements, and all other similar items.
Process For Dispute Settlement In Home Remodeling
- The Remodelers Council of the Twin Cities™ offers this dispute settlement mechanism to resolve disputes between a Remodeler™ and a customer concerning the one-year warranty. The one-year warranty provides that the home improvement will be free from defects caused by faulty workmanship and defective materials due to non-compliance with building standards.
- The Remodelers Council of the Twin Cities™ offers a dispute settlement mechanism administered by a Committee comprised of at least three (3) Council members appointed by the Council president. The purpose of this Committee shall be to investigate complaints received in writing from customers of Council members and to respond to a ‘Request for Dispute Settlement.’
- Committee members are chosen on the bases of their records of ethics and financial responsibility. No person shall serve as a dispute panelist in any dispute settlement proceeding in which the panelist has any financial or personal interest.
- All Council members shall submit to the investigations and decisions of this Committee which shall be limited to items covered by the contract between the Remodeler and customer and to the one-year warranty.
- The Committee shall acknowledge the receipt of a “Request for Dispute Settlement” and request from the customer a written account of the specifics of the dispute.
- The Committee shall investigate the validity of each complaint, validity shall be determined on the basis of The Quality Standards for the Remodeler Limited Warranty and accepted industry practices.
- The Committee shall request a written response from the Remodeler against whom the complaint has been made.
- The Committee shall attempt to work out a voluntary agreement between the two parties.
- If such agreement cannot be reached, the Committee shall conduct a dispute settlement session in accordance with these rules immediately thereafter, and render a decision in writing.
- If the customer owes any money to the Remodeler, such monies shall be paid to the Remodeler, except for 1.5 times the amount the Committee estimates would be necessary to correct all of the disputed items, which amount shall be covered by a properly executed escrow agreement before the Committee shall schedule a dispute settlement session.
- If it is necessary to conduct a session in accordance with these guidelines, the session shall be held at the site of the remodeling invalided in the dispute or at another suitable place which the Committee may designate. The Committee shall fix the time of the session based on mutual convenience of the parties.
- Any party may be represented at the session and all persons having a direct interest in the dispute settlement are entitled to attend the session.
- The session shall be conducted by the Committee in a manner which permits full and expeditious presentation of the dispute by both parties- The session stall be competed in one meeting, but the Committee may schedule an additional session within seven (7) days to obtain additional evidence or for other good cause.
- The decision shall be rendered by the Committee not later than fifteen (15) working days from the date of the session and the Remodeler shall complete all corrective action without undue delay.
- Failure of the Remodeler to perform in accordance with a decision issued under these guidelines may result in the Remodeler’s expulsion from the Remodeler Limited Warranty program and from the Remodelers Council of the Twin Cities™.