This BUILDER’S LIMITED WARRANTY (“Warranty”) is attached to and incorporated into the NEW CONSTRUCTION PURCHASE AND SALE AGREEMENT or the CONSTRUCTION SERVICES AGREEMENT, as applicable, (“Agreement”) made by and between Joe Wall Construction, LLC (“Builder”) and ___________________________________ (“Owner”) with an effective date of ______________________ (“Effective Date”) for the purchase of real property and/or the construction of improvements located at _____________________________________________ (“Property”). This Warranty is Builder’s exclusive warranty agreement. There are no other warranties, express or implied. All other warranties, express or implied, are hereby disclaimed.

1. Builder warrants that, except as otherwise provided herein, the improvements that were built, constructed, or installed by Builder, including its agents, employees, and subcontractors, on the Property (“Improvements”) will be free from defects in workmanship for a period of one (1) year beginning on the date on which a certificate of occupancy for the Improvements is issued by the applicable governmental authority or agency having jurisdiction over the location of the Property and the Improvements constructed thereon (“Warranty Period”). Notwithstanding the foregoing, Owner shall notify Builder of any issue, condition, or defect that is cosmetic in nature, which shall be determined solely by Builder, within the first thirty (30) days of the Warranty Period or such cosmetic issues, conditions, or defects shall be excluded from this Warranty.

2. If an issue, condition, or defect arises that Owner believes is covered by this Warranty, Owner shall notify Builder in writing and include a detailed description of such issue, condition, or defect as soon as reasonably possible after discovery of the same. Written notice shall be provided, without exception, within the Warranty Period. In Owner’s written notice, Owner shall also provide Builder with reasonable dates and times that he or she is available at the Property so that Builder can schedule an inspection of the Property within a reasonable amount of time. Owner shall provide Builder with reasonable access to the Property during normal business hours on weekdays to perform any inspection or service under this Warranty.

2.1. Owner’s exclusive remedy under this Warranty is the repair or reasonable replacement (which shall be the option of the Builder in Builder’s sole discretion) of the warranty issue, condition, or defect under the terms set forth in this Warranty.

2.2. Within a reasonable amount of time following receipt of Owner’s written notice, Builder shall inspect the issue, condition, or defect described in Owner’s notice and notify Owner as to whether or not the issue, condition, or defect is covered by this Warranty. The 2 determination of whether an issue, condition, or defect is covered by this Warranty is within the sole and absolute discretion of Builder.

2.3. Within sixty (60) days of inspecting the issue, condition, or defect described in Owner’s notice, Builder will repair or replace any issue, condition, or defect that Builder has determined to be covered by this Warranty. This sixty (60) day period may be extended by Builder as reasonably necessary due to any events or circumstances outside of its control, including but not limited to unavailable access, fire, weather, nature, acts of God, vandalism, theft, hidden or unknown conditions on the Property, labor or material shortages, or inspections. Builder retains sole and absolute discretion of whether to repair or replace (utilizing an equivalent substitute if applicable in Builder’s sole discretion) any issue, condition, or defect that it has determined to be covered by this Warranty. Builder retains sole and absolute discretion as to the methods, means, and materials used to repair or replace any issue, condition, or defect that it has determined to be covered by this Warranty.

2.4. In the event that Builder repairs, replaces, or pays for the cost of repair or replacement of any issue, condition, or defect covered under this Warranty, and the same is covered by an insurance policy payable to Owner, Owner shall promptly transfer and/or assign to Builder all such proceeds received or receivable without any request or demand by Builder. Owner shall cooperate and promptly take any and all such actions reasonably necessary to file any insurance claim and facilitate recovery of proceeds payable under any such insurance policy.

3. The following are specifically excluded from this Warranty and expressly disclaimed by Builder: 3.1. Any and all claims and remedies other than the repair or reasonable replacement of the warranty item, issue, or defect as provided in this Warranty.

3.2. Any items, including but not limited to materials, fixtures, systems, components, parts, equipment, and furniture, that were provided, installed, replaced, altered, modified, changed, worked on, or repaired by anyone other than Builder or its agents, employees, and subcontractors;

3.3. Any work that was performed by anyone other than Builder or its agents, employees, and subcontractors;

3.4. Any damage or condition due to or caused by the acts or omissions of anyone other than Builder or its agents, employees, and subcontractors;

3 3.5. Any damage or condition due to or caused directly or indirectly by telephone, gas, electric, water, or other utility companies, including but not limited to maintenance, service, or malfunctions of their equipment or lines.

3.6. Any issues, damage, conditions, or items, including but not limited to materials, fixtures, systems, components, parts, equipment, and furniture, that are covered by manufacturers’ or other third parties’ warranties or an insurance policy payable to Owner;

3.7. Appliances and equipment, including but not limited to dishwasher, garbage disposal, trash compactor, range, range hood, oven, refrigerator, freezer, microwave, garage door opener, washer, dryer, water heater, furnace, heat pump, heating or air conditioning unit, thermostats, meters, displays, and pumps.

3.8. Damage or conditions due to or caused by ordinary wear and tear, accidents, malfunctions, electrical surges, misuse, abuse, vandalism, theft, failure to follow manufacturer’s maintenance recommendations or other failure to perform reasonable maintenance, failure to follow manufacturer’s recommendations, failure to follow manufacturer’s operating instructions, or use of items other than as intended by the manufacturer;

3.9. Conditions that are the result of characteristics common to the materials used for the improvements, including but not limited to, variations in and changes to the appearance of materials; oxidation; warping and deflection of wood; fading, chalking, and checking of paint; cracks due to drying, curing, or settling of concrete, stucco, plaster, drywall, bricks, masonry, etc.; drying, shrinking, and cracking of caulking and weather stripping;

3.10. Any damage or condition due to or caused by condensation; expansion or contraction of materials; settling of structures; or the effects of time, use, light, seasons, humidity, moisture, or temperature;

3.11. The effects or results of time, use, light, seasons, humidity, moisture, temperature, stain, finish, or characteristics to or of hardwood floors, including but not limited to cupping, warping, bowing, buckling, shrinking, cracking, lightening, darkening, insect infestations, and variations or differences in grain patterns or coloring among individual pieces of flooring;

3.12. Any hardwood floors that were installed in accordance with the guidelines set forth by the National Wood Flooring Association, National Oak Flooring Manufacturers 4 Association, or by the manufacturer(s) of the hardwood flooring installed on the Property by Builder as of the Effective Date;

3.13. Any hardwood flooring conditions within the tolerances set forth by the National Wood Flooring Association, National Oak Flooring Manufacturers Association, or by the manufacturer(s) of the hardwood flooring installed on the Property by Builder as of the Effective Date;

3.14. Mold or mildew, regardless of cause;

3.15. Issues, conditions, or damage caused by conditions naturally occurring in the environment, including but not limited to soil conditions and radon gas;

3.16. Drywall cracks that are 1/8” or less in width;

3.17. Concrete cracks that are 1/4” or less in width or 1/4” or less in vertical displacement;

3.18. Damage or conditions due to or caused by the elements, nature, weather, or acts of God;

3.19. Paint applied over pressure treated lumber;

3.20. The quality, quantity, flow rate, or pressure of water supplied by a well or municipal water supply;

3.21. Damage or conditions due to or caused by construction, grading, improvements, practices, or designs required or recommended by applicable governmental or regulatory bodies or agencies, including drainage, runoff, diversion, or retention of storm water;

3.22. Septic system design;

3.23. Loss of any plant life, including but not limited to trees, shrubs, bushes, flowers, grass or sod;

3.24. Injury or death, regardless of cause;

3.25. Loss, damage, or conditions due to or caused by falling trees or tree limbs;

3.26. Any claims arising or notice of claims provided outside of the Warranty Period; 

3.27. Loss of use and consequential or incidental damages, including but not limited to costs of moving, storage, rent, hotels, motels, or inns;

3.28. Any issue, condition, or defect that is cosmetic in nature, as determined solely by Builder, that Owner does not report to Builder within the first thirty (30) days of the Warranty Period.

4. Miscellaneous:

4.1. Any warranty repairs that only require or involve painting, staining, or replacing limited portions of a larger area will be done as “touch-ups,” and only the smallest immediate area necessary to complete the warranty repair will be repaired, replaced, or refinished. Due to the effects of time on paint, stain, flooring, wallpaper, and other materials, touch- ups are unlikely to perfectly match the surrounding area. Touch-ups will very likely be visible in certain lighting or conditions.

4.2. Hardwood floors are a natural product, and, as such, will contain natural variations in appearance, such as grain patterns and coloring. Over time, hardwood floors will change in appearance or otherwise, including possibly cupping, warping, bowing, buckling, shrinking, cracking, lightening, and darkening, the extent of which will be affected by light, temperature, seasons, humidity, moisture, use, maintenance, and other conditions. Any repair or replacement of hardwood floors will be performed, at Builder’s sole option, to the guidelines set forth by the National Wood Flooring Association, National Oak Flooring Manufacturers Association, or by the manufacturer(s) of the hardwood flooring installed on the Property by Builder, as of the Effective Date.

4.3 The Warranty Period shall not be extended for any reason, including but not limited to any inspection, repairs, or services provided by Builder under this Warranty or otherwise, unless agreed to in writing by the both Builder and Owner.

4.4. This Warranty is offered and available to Owner only, so long as Owner utilizes the Property as Owner’s primary residency. This Warranty may not be transferred. If Owner sells, rents, leases, or vacates the Property, this Warranty automatically terminates, is void, and is of no further force and effect.

4.5. All notices, requests, consents, and other communications hereunder shall be in writing and shall be personally delivered; sent by overnight or same day courier service providing a return receipt; mailed by first-class registered or certified mail, return receipt requested, postage prepaid; or by email. All communications shall be sent to the persons and addresses identified on the signature page hereto. Written notice by personal delivery shall be effective when delivered or refused. Written notice by email shall be 6 effective when sent. Written notice by courier service, registered mail, or certified mail shall be effective when delivered or when the same is refused or cannot be delivered, as evidenced on a return receipt.