HOME WARRANTY MATERIALS AND LABOUR STANDARDS GUIDE

Transcription

1 Home Warranty Tel: Toll Free: Fax: HOME WARRANTY MATERIALS AND LABOUR STANDARDS GUIDE This guide is intended for the sole use of registered builders of Travelers Guarantee Company of Canada. Unauthorized use or duplication is strictly prohibited.

2 Home Warranty Tel: Toll Free: Fax: CONTENTS A. INTRODUCTION B. WARRANTY COVERAGES 1. Materials and Labour 2. Building Envelope 3. Structural Defects C. DEFINITIONS D. BUILDING CODES, BYLAWS AND REGULATIONS E. WARRANTY EXCLUSIONS F. OWNER S DUTY TO MITIGATE AND MAINTAIN G. MATERIALS AND LABOUR STANDARDS 1.0 CONCRETE/FOUNDATION 5.3 Interior Drywall 1.1 Expansion and Construction Control Joints 5.4 Interior Painting/Wallcovering 1.2 Cast-In-Place Concrete 5.5 Interior Truss Uplift 1.3 Exterior Concrete Slabs, Driveways, 5.6 Exterior Finishing Walkways, and Front Entry Landing/Stairs 1.4 Retaining Walls 6.0 VENTILATION, INSULATION AND CAULKING 6.1 Venting 2.0 MASONRY 6.2 Insulation 2.1 Unit Masonry 6.3 Louvers & Vents 6.4 Sealants 3.0 WOOD 3.1 Rough Carpentry 7.0 ROOFING 3.2 Finish Carpentry 7.1 Roofing a) Cabinets 7.2 Gutters and Downspouts b) Interior Trim Work 8.0 FIREPLACES/CHIMNEYS 4.0 DOORS AND WINDOWS 8.1 Fireplaces/Chimneys 4.1 Doors 4.2 Garage Overhead Door(s) 9.0 PLUMBING 4.3 Windows 9.1 Plumbing 4.4 Glass 9.2 Freezing of Plumbing 4.5 Weather Stripping and Seals 10.0 HEATING AND COOLING 5.0 FINISHES 10.1 Heating 5.1 Interior Flooring 10.2 Air Conditioning a) Resilient Flooring 10.3 Excessive Humidity/Condensation in the New b) Carpeting Home c) Finished Wood Flooring d) Ceramic Tile 11.0 ELECTRICAL 5.2 Interior Tile 11.1 Electrical a) Cracking of Grout Joints b) Water Penetration 12.0 MISCELLANEOUS 12.1 Pooling Water on Decks 12.2 Clothes Dryer Venting (Oct 2007)

3 A. INTRODUCTION Travelers Guarantee Company of Canada is a leading provider of surety products for the construction and development industry in Canada. We were the first approved warranty provider to enter the home warranty market in British Columbia following the introduction of legislation under the Homeowner Protection Act and Regulations ( Act ) which became effective July 1, Utilizing the experience and knowledge of a dedicated group of underwriters and technical field staff, we focus on risk evaluation while working to develop and maintain strong relationships with the building community, and to provide New Home Owners with exceptional service. This manual has been produced for the use of Travelers Guarantee Company of Canada s Builders and New Home Owners. Unauthorized use or duplication by others is strictly prohibited. The Home Warranty coverages provided by Travelers Guarantee Company of Canada are in accordance with the requirements set out in the Act which is administered by the Homeowner Protection Office (HPO). The coverages are as follows: B. WARRANTY COVERAGES 1) MATERIALS & LABOUR WARRANTY A) in the first 12 months of the Warranty, for detached dwelling units or dwelling units in a multi-family building, coverage for any Defect in Materials and Labour. B) in the first 15 months of the Warranty, for the Common Property, common facilities and other assets of a Strata Corporation, coverage for any Defect in Materials and Labour. *The Materials and Labour Standards in this document generally relate to the two(2) phases of Warranty Coverage noted above.* C) in the first 24 months of the Warranty, i. coverage for any Defect in Materials and Labour supplied for the gas, electrical, plumbing, heating, ventilation, and air conditioning Delivery and Distribution Systems, ii. coverage for any Defect in Materials and Labour supplied for the exterior cladding, caulking, windows, and doors that may lead to detachment or material damage to the New Home or Common Property, iii. coverage for any Defect in Materials and Labour which renders the New Home unfit to live in, and; iv. non-compliance with, or a violation of the Building Code if the non-compliance or violation: a) constitutes an unreasonable health or safety risk, or b) has resulted in, or is likely to result in, Material Damage to the New Home. 2) BUILDING ENVELOPE WARRANTY - FIVE (5) YEARS Coverage for the Building Envelope for up to five years for Defects in the Building Envelope of a New Home, including a Defect which permits unintended water penetration such that it causes, or is likely to cause, Material Damage to the New Home. 3) STRUCTURAL DEFECTS WARRANTY - TEN (10) YEARS Coverage for Structural Defects for up to ten years for: a) any Defect in Materials and Labour that results in the failure of a Load Bearing part of the New Home, and; b) any Defect which causes Structural Damage that materially and adversely affects the use of the New Home for residential occupancy. 2

4 C. DEFINITIONS The following definitions apply to Warranty Coverage, as provided by Travelers Guarantee Company of Canada, (for complete Warranty information on coverages, exclusions, terms, etc., please refer to Travelers Guarantee Company of Canada s Home Warranty Certificate). BUILDING ENVELOPE means the assemblies, components and materials of a New Home which are intended to separate and protect the interior space of the New Home from the adverse affects of exterior climatic conditions. Interior space of the New Home includes all material not directly exposed to exterior climatic conditions. An exterior climatic condition means the direct affect of weather on the above-grade portion of the New Home. DEFECT means any design or construction that is contrary to the Building Code or that requires repair or replacement due to the negligence of a Builder or person for whom the Builder is responsible at law. DELIVERY AND DISTRIBUTION SYSTEMS means the mechanical and electrical systems for delivery and distribution of gas, electricity, water, waste, heat and air within and throughout a New Home, but excludes plumbing and electrical fixtures and appliances. LOAD BEARING means subjected to or designed to carry loads in addition to its own dead load, but does not include a wall element subjected only to wind or earthquake loads in addition to its own dead load. The Load Bearing portions of the New Home are limited to the following: a) foundation systems, b) support beams, posts, and columns, c) load bearing walls, and d) floor and roof support system. MATERIAL AND LABOUR means only Materials and Labour supplied by the Builder for construction of the New Home. STRUCTURAL DAMAGE means damage which results from a Structural Defect and must be visible and measurable, and must exceed allowable tolerances established by Travelers Guarantee Company of Canada, provided always that Structural Damage caused by an Act of God, an act or omission of a Third Party, or other causes not directly related to Material and Labour provided by the Builder, or those for whom the Builder is not responsible at law, are excluded from the Warranty. The presence of water in itself, in any form, will not be considered as Structural Damage. STRUCTURAL DEFECT means a Defect in the New Home resulting in failure of any Load Bearing portion which affects the Load Bearing function of the New Home. D. BUILDING CODES, BYLAWS AND REGULATIONS Builders must construct New Homes in accordance with all applicable Building Codes, Bylaws and Regulations. Non-compliance with, or a violation of the Building Code, is considered to be a Defect within the 2 year warranty period if the non-compliance or violation constitutes an unreasonable health or safety risk, or has resulted in, or is likely to result in, Material Damage to the New Home. E. WARRANTY EXCLUSIONS The Warranty does not cover the following: 3

5 a) weathering, normal wear and tear, deterioration or deflection consistent with normal industry standards; b) normal shrinkage of materials caused by drying after construction; c) any loss or damage which arises while the New Home is being used primarily or substantially for non-residential purposes; d) materials, labour, or design supplied by an Owner; e) any damage to the extent that it is caused or made worse by an Owner or Third Party, including: i. negligent or improper maintenance or improper operation by anyone other than the Builder or its employees, agents, or sub-contractors, ii. failure of anyone, other than the Builder or its employees, agents, or sub-contractors, to comply with the Warranty requirements of the manufacturers of appliances, equipment, or fixtures, iii. alterations to the New Home, including the conversion of the non-living space into living space or the conversion of the New Home into two (2) or more units, by anyone other than the Builder or its employees, agents, or sub-contractors while undertaking their obligations under the sales contract, and, iv. changes to the grading of the ground by anyone other than the Builder or its employees, agents, or sub-contractors; f) failure of an Owner to take timely action to prevent or minimize loss or damage, including the failure to give prompt notice to Travelers Guarantee Company of Canada of a Defect or discovered loss or a potential Defect or loss; g) any damage caused by insects or rodents and other animals, unless the damage results from non-compliance with the Building Code by the Builder or its employees, agents, or subcontractors; h) accidental loss or damage from acts of nature including, but not limited to, fire, explosion, smoke, water escape, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake, avalanche, landslide, and changes in the level in the underground water table which are not reasonably foreseeable by the Builder; i) bodily injury or damage to personal property or real property which is not part of the New Home; j) any Defect in, or caused by, materials or work supplied by anyone other than the Builder or its employees, agents, or sub-contractors; k) changes, alterations, or additions made to the New Home by anyone after initial occupancy, except those performed by the Builder or its employees, agents, or sub-contractors under the construction contract or sales agreement, or as required by Travelers Guarantee Company of Canada; l) contaminated soil; m) subsidence of the land around the New Home or along utility lines, other than subsidence beneath footings of the New Home or under Driveways or Walkways; n) diminution in the value of the New Home; o) landscaping, both hard and soft, including plants, fencing, detached patios, gazebos and similar structures; p) non-residential detached structures including sheds, garages, carports or outbuildings, or any structure or construction not attached to or forming an integral part of a multi-unit building or the New Home; q) any commercial use area and any construction associated with a commercial use area; r) roads, curbs, and lanes; s) site grading and surface drainage, except as required by the Building Code; t) the operation of municipal services, including sanitary and storm sewer; u) septic tanks or septic fields; v) the quality or quantity of water, either from a piped municipal water supply or from a well; w) a water well, but excluding equipment installed for the operation of a water well used exclusively for the New Home, which equipment is considered to be part of the plumbing system for the New Home; x) damage caused or made worse by the failure of an Owner to take reasonable steps to mitigate any damage. 4

6 F. OWNER S DUTY TO MITIGATE AND MAINTAIN Travelers Guarantee Company of Canada requires the Owner to maintain the New Home and mitigate any damage to the New Home, including damage caused by Defects or water penetration, as set out in the Warranty Certificate. If a Defect occurs, or is made worse due to an Owner s failure to maintain or mitigate damage, it is excluded from Warranty coverage. The Owner must take all reasonable steps to restrict damage to the New Home if the Defect requires immediate attention. For Defects covered by Travelers Guarantee Company of Canada s Warranty, the duty to mitigate is met through timely notice in writing to Travelers Guarantee Company of Canada. The Owner s duty to mitigate survives even if; a) the New Home is unoccupied, b) the New Home is occupied by someone else other than the Home Owner, c) water penetration does not appear to be causing damage, or d) the Owner advises the Strata Corporation about the Defect. Note: As set out by the Homeowner Protection Act (Bill 46) the owner of a new home must be provided with a maintenance manual in order to be made aware of their maintenance obligations. The Home Owner Protection Act otherwise requires any deficiencies caused by the lack of maintenance to be repaired by the builder if the new home owner was not educated as to their responsibilities. G. MATERIALS AND LABOUR STANDARDS The following Materials and Labour standards are used by Travelers Guarantee Company of Canada, Owners and Builders in determining the validity of alleged defects and the necessity for their repair. For items not listed herein, Travelers Guarantee Company of Canada will evaluate a claim by basing it s decision on good industry practice and building codes/bylaws. Many Defects encountered within a wood framed dwelling are due to the normal shrinkage and/or settlement of concrete and/or the framing members as the moisture levels equalize following construction. Complaint items that are deemed excessive by Travelers Guarantee Company of Canada shall be considered to be Defects requiring repairs in accordance with the Warranty coverage. Repair items are expected to match the existing color, texture and quality of the original surrounding area as closely as possible. Due to availability, dye lot variations and climatic conditions, an exact match cannot be guaranteed. The Materials and Labour Standards in this manual generally relate to the first year phase of Warranty coverage (15 months for Strata Common Property). 1.0 CONCRETE/FOUNDATIONS 1.1 Expansion and Construction/ Separation or movement of concrete slabs within the New Home at expansion and construction/control Concrete floor slabs within the New Home are designed to move at expansion and construction/control joints. Cracks in excess of 4mm 5

7 Control Joints joints. (5/32 ) in width shall be repaired. 1.2 Cast-In-Place Concrete Leaks in the basement/crawlspace or through the foundation wall. Foundation wall cracks. Concrete basement floor slabs cracking. Uneven concrete floor slabs or toppings. Spalling, chipping, powdering, scaling or other concrete surface defects. Concrete Skim Coats. Settlement of concrete slab on ground. Cracks in concrete floors beneath finished flooring. Leaks resulting in the actual trickling of water or water pooling shall be repaired. Minor dampness of the concrete foundation walls and floor slabs is not uncommon to concrete construction and is not considered to be a defect. If feasible, it is acceptable to repair foundation leaks from the inside. Leaks caused by improper landscaping by the Owner or failure of the Owner to maintain proper grades are not within Warranty coverage. Settlement/shrinkage cracks are not unusual in concrete foundation walls. Cracks in excess of 3mm (1/8 ) in width shall be repaired. Patching or filling the crack with grout or a flexible sealant is an acceptable repair. Minor settlement/shrinkage cracks in concrete basement floors are not uncommon. Cracks in excess of 3mm (1/8 ) in width or vertical displacement shall be repaired. Patching or filling the crack with grout or a flexible sealant is an acceptable repair. Concrete floor slabs or toppings out of plane more than 6mm (1/4 ) within any 800mm (32 ) measurement shall be repaired. Areas near floor drains, footings and plumbing protrusions are exempt. Spalling, chipping, powdering or scaling of an area in excess of 25 sq. ft. or where the affected area exceeds 15% of the entire concrete surface area shall be repaired. All concrete surface defects must be attributable to a Builder supplied Material or Labour Defect. Cracks in excess of 10mm (3/8 ) shall be repaired. Uneven skim coats are not considered to be a Defect. Some movement of concrete floor slabs is expected. However, settlement in excess of 12 mm (1/2 ) shall be repaired. Cracks which impair the performance of the finished flooring material or visually detracts from the finished surface shall be repaired. 6

8 1.3 Exterior Concrete Slabs, Driveways, Walkways and Front Entry Landing/Stairs Cracking. Cracking at a control joint. Spalling, chipping, powdering, scaling or other surface defects. Insufficient slope of garage slab. Staining, discolouration, inconsistent texture or colour. Cracks other than at control joints which are greater than 10mm (3/8 ) in width or where the vertical displacement of the crack exceeds 10mm (3/8 ) shall be repaired. Control joints are placed to allow concrete slabs to experience controlled cracking. Cracks that exceed a vertical displacement of 10mm (3/8 ) shall be repaired. Spalling, chipping, powdering or scaling of an area in excess of 25 sq. ft. or where the affected area exceeds 15% of the entire concrete surface area shall be repaired. All concrete defects must be attributable to a Builder supplied Material or Labour Defect. The use of salts or fertilizers to de-ice a driveway or exterior concrete can cause surface defects; any resultant damage is the Owner s responsibility. A garage or carport slab is required to slope negatively towards the direction of the garage door. Excessive staining or discolouration of a concrete surface, as determined by Travelers Guarantee Company of Canada, that is attributable to a Builder supplied Material or Labour Defect shall be repaired. Otherwise variations in the texture/colour of a concrete surface are not considered to be Defects. Pooling Water at an entry. Pooling water at an entry exceeding 6mm (1/4 ) shall be repaired. Pooling water on a walkway or driveway. Pooling water on a driveway or walkway is not considered to be a Defect. Settlement. At the discretion of Travelers Guarantee Company of Canada, excessive settlement of exterior concrete attributable to a Builder supplied Material or Labour Defect shall be repaired. Minor settlement or unlevel concrete flat work is not considered to be a Defect. During long periods of sub-zero temperatures frost heave may cause differential movement of exterior concrete, this temporary situation is not considered 7

9 to be a Defect. 1.4 Retaining Walls Retaining wall cracking. Retaining walls shall be designed to resist the lateral pressures of the retained material. Minor settlement or shrinkage cracking is not uncommon or unusual in concrete retaining walls. Section 1.0 Notes Any repairs to concrete may result in mismatched texture and colour. The colour/texture match of a repair is excluded from Warranty coverage. The above possible Defects and performance standards for concrete also apply to asphalt and/or concrete paver driveways and walkways, where applicable. The concrete standards in Section 1.0 generally apply to Residential Dwelling Units. Parkades and Multi-Family concrete structures will be evaluated on an individual basis using applicable standards. 2.0 MASONRY 2.1 Unit Masonry Basement or foundation wall cracks. Cracks in masonry walls or veneer. Leaks in basement/crawlspace or through foundation wall. Hairline cracks due to shrinkage are not uncommon in mortar joints in masonry construction. Cracks greater than 3mm (1/8 ) in width shall be repaired. Repairs can be made by pointing or patching. Slight colour variations between old and new mortar is not considered to be a Defect. Hairline cracks due to shrinkage are not uncommon in mortar joints in masonry construction. Cracks greater than (3mm) (1/8 ) in width shall be repaired. Repairs can be made by pointing or patching. Slight colour variations between old and new mortar is not considered to be a Defect. Minor dampness is common to masonry construction and is not considered to be a Defect. Leaks resulting in the actual trickling of water or pooling shall be repaired. If feasible, it is acceptable to repair leaks from the inside. Leaks caused by improper landscaping by an Owner or failure of an Owner to maintain proper grades or properly maintain the New Home are not within Warranty coverage. 8

10 3.0 WOOD 3.1 Rough Carpentry Uneven floors. Squeaking/creaking floors or loose sub-floor. Walls and posts out of plumb. Wood beam or post is split. Bowed walls. Bowing of roof trusses, joists and rafters. Sheathing Delamination Floors in excess of 6mm (1/4 )out of plane within any 800mm (32 ) measurement shall be repaired except where the slope is at the first floor joist running parallel to a supporting wall. Also, floor deflection shall not exceed deflection tables listed in the appropriate Building Code/ByLaw. Excessive squeaking/creaking of floors or loose sub-floors shall be repaired; however, a squeakproof floor cannot be guaranteed. Minor squeaks are not uncommon to wood construction. Walls or posts more than 12mm (1/2 ) out of plumb in 2400mm (8 ) which visually detract from the New Home or impair the performance of the New Home shall be repaired. Solid wood beams or posts will sometimes split or crack as they dry; this is known as checking. Checking is usually not a structural concern. Checking exceeding 6mm (1/4 ) for members up to 150mmx150mm (6 x6 ) in width shall be repaired. If it threatens the structural integrity of the wood beam or post the affected member shall be replaced. (For larger dimension members checking in excess of 6mm (1/4 ) may be acceptable as long as the structural integrity of the post is not in question). All walls may have slight variances on their finished surfaces. Bowing of walls should not detract from or blemish the finished surface. Walls bowed more than 9mm (3/8 ) out of line within any 800mm (32 ) horizontal or vertical measurement shall be repaired. Roof members deflecting in excess of the deflection tables listed in the appropriate Building Code/By- Law shall be repaired. Delaminated sheathing shall be repaired. 3.2 Finish Carpentry a) Cabinets Cabinet doors warped. Cabinet doors warped in excess of 3mm (1/8 ), measured from corner to corner, shall be repaired. For cabinet doors 122cm (4 ) or larger doors warped in excess of 6mm (1/4 ) shall be repaired. 9

11 b) Cabinets (Cont d) b) Interior Trim Work Cabinets and countertops pulling away from wall. Surface cracks, delaminations in countertops. Separation of countertop joints. Defective cabinet hardware. Gaps or separation between dissimilar interior materials/finishes. Cabinets and countertops pulling away from the wall shall be repaired. The application of caulking is an acceptable repair provided movement is due to normal settlement/shrinkage of the structure. Countertops delaminating under normal use shall be repaired. Cracks attributed to a Builder supplied Material or Labour Defect shall be repaired. Separation of countertop joints in excess of 1mm (1/32 ) shall be repaired. Cabinet doors, drawers and other operating parts should function properly under normal use, if not they shall be repaired. Gaps which appear due to excess movement between dissimilar interior materials/finishes which exceed 3mm (1/8 ) shall be repaired. This standard does not apply to deliberate gaps between dissimilar materials or finishes. 4.0 DOORS AND WINDOWS 4.1 Doors Warpage of exterior doors. Cracks and splits in exterior wood doors. Exterior doors may warp due to temperature differential and the presence of moisture. Doors, following a seasonal change, which remain warped in excess of 6mm (1/4 ) measured from corner to corner shall be repaired. Cracks, where light is visible through the door shall be repaired. Doors and door hardware out of adjustment. Exterior sliding door out of adjustment. Pocket door binds/rubs/scrapes during operation. Warpage of interior passage and closet doors. Doors not operating in a smooth manner or which fail to latch shall be repaired. Normal maintenance is the responsibility of the Owner. Exterior sliding doors not operating in a smooth manner and with reasonable ease as designed, shall be repaired. Minor adjustments and maintenance to ensure proper operation of exterior sliding doors are the Owner s responsibility. Pocket doors not operating in a smooth manner shall be repaired. Interior doors which warp and exceed 6mm (1/4 ) measured from corner to corner shall be repaired. 10

12 4.1 Doors (Cont d) Air infiltration around entrance door from interior corridor in a multi-family building. Door between garage and New Home does not self close and latch. The entrance doors to New Homes in a multi-family building that are within a heated corridor do not require a barrier against air infiltration. Doors between the garage and New Home must self close and latch, providing a tight seal, to prevent the entry of exhaust fumes. 4.2 Garage Overhead Door(s) Garage door(s) allows entry of snow or water. Garage doors(s) fail to operate properly under normal use. Garage door(s) shall be installed as recommended by the manufacturer. Some entry of the elements may occur. Garage door(s) not operating in a smooth manner shall be repaired 4.3 Windows Windows not operating properly. Condensation forming between factory sealed glazing units. Condensation and/or frost on windows. Windows not operating in a smooth manner and with reasonable ease shall be repaired. Condensation forming between factory sealed glazing units shall be repaired. Condensation on windows is usually the result of humidity conditions created within the New Home combined with exterior climatic conditions. Unless directly attributed to a Builder supplied Material or Labour Defect, it is a result of conditions beyond the Builder s control and not considered to be a Defect. 4.4 Glass Broken glass. Stress cracking of glass due to movement/settlement of the window or surrounding window framing. Scratches in window. Any broken glass not reported to the Builder prior to contract closing and not due to a Material or Labour Defect is the Owner s responsibility. Stress cracking of glass shall be repaired. Scratches viewed from 3m (10 ) in normal reflected light, not direct sunlight, and which are visible as a slight greyish haze shall be repaired. Travelers Guarantee Company of Canada, in determining the validity of a complaint of this nature, will base their decision on whether or not the occurrences are excessive, and that decision will be a judgment. 4.5 Weather Stripping and Seals Air/water infiltration around doors and windows. Some air and/or water infiltration may occur around doors and windows, especially during high winds. Poorly fitted doors, windows or weather stripping shall be repaired. 11

13 4.5 Weather Stripping and Seals (Cont d) It may be necessary for the Owner to have storm doors and windows installed to provide a satisfactory solution in high wind or exposed locations. 5.0 FINISHES 5.1 Interior Flooring a) Resilient Flooring Note Ridges appear in the resilient flooring due to subfloor irregularities. Excessive subfloor irregularities showing or telegraphing through resilient flooring. Gaps in resilient flooring. Resilient flooring loses adhesion. Floor covering lifting due to swelling of underlayment materials. Nail pops on the surface of resilient flooring. Readily apparent ridges or those exceeding 3mm (1/8 ) shall be repaired. The ridge measurement is taken at the gap created at one end of a 150mm (6 ) straight edge placed over the ridge with 75mm (3 ) of the straight edge on one side of the Defect held tightly to the floor. Some telegraphing may occur. Excessive telegraphing, as determined by Travelers Guarantee Company of Canada shall be repaired. Resilient flooring seams may be visible, but must be tight fitting and sealed. Where dissimilar materials abut, i.e. carpet to resilient floors, gaps in excess of 3mm (1/8 ) shall be repaired. Resilient flooring that lifts, bubbles or becomes unglued shall be repaired. Any swelling of the underlayment due to moisture penetration caused by a Builder supplied Material or Labour Defect which impairs the performance of the finished flooring material shall be repaired. Swelling due to moisture penetration due to an Owner s negligence or improper maintenance is not within Warranty coverage. Excessive nail popping, as determined by Travelers Guarantee Company of Canada, shall be repaired. Nail popping breaking the surface of the resilient flooring shall be repaired. An exact match of the existing floor covering cannot be guaranteed. If a suitable floor-covering match that is acceptable to Travelers Guarantee Company of Canada cannot be located it may be necessary to replace the entire covered area in question. Patching of the resilient flooring is an acceptable practice. However, more than two (2) patches in a floor area of under 3 meters x 3 meters (100 sq.ft.), or three (3) patches in a floor area more than 3 meters x 3 meters (100 sq. ft.) is not acceptable. 12

14 5.1 Interior Flooring b) Carpeting Seams or gaps. Carpet seams may be visible; however, gaps are not permissible. Where dissimilar materials abut, gaps exceeding 3mm (1/8 ) shall be repaired. Minor pattern misalignment at seams is not considered a Defect c) Finished Wood Flooring Carpeting becomes loose, seams separate or buckling occurs. Spots on carpet or fading due to sunlight. Nap is laid in a different direction to adjacent carpet. Carpet staining along base of walls, around heating registers and stairwells. Carpet fibers matte down or appear to be wearing out. Gaps between finished wood flooring sections. Wall-to-wall carpeting which becomes loose, buckles or separates from its attachment shall be repaired. Exposure to sunlight may cause spots or fading of carpet and is not considered a Defect. Please refer to the manufacturers warranty in this regard. Where possible, the nap in adjacent carpeting shall be laid in the same direction. At changes of direction in the floor plan, this may not be possible. Generally the appearance of these stains is due to an increase in air-borne contaminants combined with Building Code/Bylaw requirements which call for extensive sealing of building envelopes. These changes alter the airflow patterns directing air-borne contaminants through existing heating/ventilation systems, beneath wall plates, and between areas with air pressure differentials. The carpet acts as a filter for these contaminants at these locations resulting in dark staining. Unless directly associated with a Builder supplied Material or Labour Defect, this staining of the carpets is not considered to be a Defect. It is common for a carpet to exhibit signs of matting. Unless substantial fiber loss is occurring, the carpet is not deemed to be defective. Carpet which exhibits excessive fiber loss due to a manufacturing defect shall be repaired. Gaps in excess of 2mm (1/16 ) shall be repaired unless, they were intended by design or are due to a lesser manufacturers specification. d) Ceramic Tile Ceramic tile cracks or debonds (Floor or Wall). Cracked and debonded tiles are considered Defects and shall be repaired, unless the Defects were caused by an Owner s action or negligence. An exact match of the existing tile colour and/or pattern cannot be guaranteed. If a suitable tile match acceptable to Travelers Guarantee Company of Canada cannot be located, the entire tiled area may 13

15 be required to be replaced. 5.2 Interior Tile a) Cracking of Grout Joints b) Water Penetration 5.3 Interior Drywall Section 5.3 Notes Cracks in grout at tile joints or at junctions with other materials. Water penetration behind tiled bathtub/shower enclosures. Cracks, seams and other imperfections of drywall surfaces. Corner bead separation. Ceiling uneven. Nail pops. Cracks in grout are commonly due to settlement/shrinkage, therefore hairline cracks are acceptable. Cracks in excess of 2mm (1/16 ) shall be repaired. A slight colour variation in repaired grout is not considered to be a Defect. Grout in locations where seasonal movement can be expected, (i.e.: exterior door thresholds) may be an inappropriate material to use, and should be replaced with a flexible sealant. Water must not penetrate behind tiled surfaces. The junction between tile and any other surface shall be properly sealed. Minor imperfections are not unusual on drywall surfaces. Drywall defects greater than 2mm (1/16 ) in width or 300mm (12 ) in length shall be repaired. Corner bead or tape separation resulting in cracks greater than 2mm (1/16 ) in width or 300mm (12 )in length shall be repaired. Ceiling deflection exceeding 6mm (1/4 ) over the support distance shall be repaired. Retexturing the affected area is an acceptable method of repair. However, an exact match in texture or colour cannot be guaranteed. Nail pops are generally due to the shrinkage of the wood member into which the fastener has been driven. The occasional nail pop in any single wall or ceiling surface is not uncommon. Travelers Guarantee Company of Canada, in determining the validity of a complaint of this nature, will base the decision on whether or not the occurrences are excessive in quantity and/or severity, and that decision may be judgmental. Drywall repairs shall be filled and sanded smooth and made ready for painting, the painting of drywall repairs is not within Warranty coverage. In exceptional cases where numerous drywall repairs are completed in an area, Travelers Guarantee Company of Canada may require repainting of the entire wall plane. In those cases the repair of the 14

16 affected area(s) shall be repaired with a paint match as close as possible to the original finish, however, an exact match in surface texture or colour cannot be guaranteed. Travelers Guarantee Company of Canada will require repairs to the above item(s) only once during the one year Warranty period. It is recommended that these repairs be completed towards the expiry date of the one year Warranty period to allow for the majority of the shrinkage/settlement drywall Defects to occur. 5.4 Interior Paint/ Wallcovering Paint failing. Paint and its application not conforming to manufacturer s standards shall be repaired. Areas to be repainted shall be matched as closely as possible to existing colour and surface textures. An exact match of texture and colour cannot be guaranteed. Variations in product quality are not considered to be a Defect. Paint blistering or peeling. Paint blisters or peeling is not acceptable. Repainting by matching existing colours as closely as possible is an acceptable repair. Painting required due to repair work, (other than drywall repairs). Failure of varnish or lacquer finishes. Mildew or fungus on interior surfaces. Any repairs undertaken should be refinished to match surrounding areas as closely as possible. An exact match of texture and colour of the repaired and refinished wall or ceiling surface with adjacent wall or ceiling surfaces cannot be guaranteed. Finishes on interior woodwork should not fail during the first year. An acceptable repair is retouching the affected areas of finish. An exact match of texture and colour cannot be guaranteed. Mildew or fungus may form on interior surfaces if proper levels of humidity and temperatures are not maintained. Unless directly attributed to a Builder supplied Material or Labour Defect, mildew or fungus formation is not a warrantable Defect. 5.5 Interior Truss Uplift Peeling of wallpaper. Truss uplift Peeling of wallpaper should not occur under normal conditions and shall be repaired. Roof truss uplift along a ceiling wall connection is apparent by varying degrees of separation or stretching of the drywall taping at an adjoining wall. The amount of separation can range from hairline cracks to cracks as large as 19mm (3/4 ). Roof truss uplift occurs during the winter time. It is a result of a temperature/moisture variation between those parts of the wood frame truss assembly buried in the insulation to those parts of the truss assembly 15

17 exposed in the unheated attic space. The variation can result in some truss movement upward at approximately the centre span of the truss. 5.5 Interior Truss Uplift (Cont d) A winter repair of this problem should not be attempted. Repairs should be deferred until such time that the truss lower cord members return to their original position, and gaps close. Installing mouldings at the ceiling/wall junction in the affected rooms is an acceptable repair. The moulding should be attached to the ceiling only, to act as slip joint. 5.6 Exterior Finishing Separation of siding. Fasteners have stained siding. Wavy appearance or other surface imperfections in exterior siding materials. Cracks in masonry or stucco cladding. Gaps in exterior trim and between dissimilar materials. All siding shall be installed according to the manufacturer s/industry standards, if it is not it shall be repaired. Repaired areas may not match exactly in colour and/or surface texture. Minor staining of siding/trim is not uncommon. Travelers Guarantee Company of Canada, in determining the validity of a complaint of this nature, will base our decision on whether the occurrences are excessive, and that decision may be judgmental. With excessive stains the fasteners will be required to be replaced and the stained areas retouched. Exterior siding should be free of excessive defects and installed in accordance with manufacturers/ industry standards. Siding material should prevent the penetration of rain or snow. Some siding surfaces magnify surface imperfections such as variations in colour, texture and flatness, and are not considered Material or Labour Defects. Defective siding material or improperly installed siding shall be repaired. Minor cracks in mortar joints and stucco are not uncommon. Cracks greater than 2mm (1/16 ) in width shall be repaired. These repairs should be made toward the end of the first year to permit normal settling to stabilize. An exact match of texture and colour cannot be guaranteed. Gaps between exterior trim elements, including siding in excess of 4mm (3/16 ) in width shall be repaired. 16

18 5.6 (cont d) Exterior Finishing Exterior paint or stain peels, deteriorates, or fades. Exterior paints or stains should not fail during the first two years; however, fading is normal and the degree of such is dependent on climatic conditions and exposure. Some minor staining or bleeding of knots in wood siding is normal and not considered a defect. If paint or stain is defective, refinishing of the affected areas is required matching the colour as close as possible. Where finish deterioration affects the majority of the wall area, the whole area will be refinished. An exact match of texture and colour cannot be guaranteed. 6.0 VENTING, INSULATION AND CAULKING 6.1 Venting 6.2 Insulation 6.3 Louvers & Vents 6.4 Sealants 7.0 ROOFING Improper ventilation of attics or crawl spaces. Insulation does not meet Building Code/Bylaw requirements. Leaks due to snow or rain being driven into the attic through louvers or vents. Exterior Caulking failing. Venting shall be installed as required by the appropriate Building Code/Bylaw. Additional ventilation may be required if the minimum requirements are inadequate. Insulation shall be installed in accordance with applicable Building Code/Bylaw requirements. Attic vents and/or louvers must be installed in accordance with industry standards. Some infiltration of rain and snow may occur. If caulking fails within the first two years, it shall be repaired. After the second year this is considered to be an Owner s responsibility, and must be maintained for the life of the New Home. 7.1 Roofing Asphalt shingles not sealing. Shingles/shakes, soffits or siding blown off during high winds. Asphalt shingle edges or corners are curled. Self-sealing asphalt shingles should seal properly. This generally requires one hot season. Shingles/shakes, soffits or siding shall not become detached in winds less than 80 km/h (50 mph). If damage occurs over 80 km/h (50 mph), gale force winds, this is considered an Act of God and not a warrantable Defect. Asphalt shingle edges and corners need not be perfectly flat. However, excessive curling or curling causing the roof to leak shall be repaired. 17

19 Roof sheathing uneven or defective. Roof sheathing that significantly impairs the appearance or performance of the finished roofing shall be repaired. 7.1 Roofing (Cont d) 7.2 Gutters and Downspouts Ice buildup at roof edge causing water leakage. Roof or flashing leaks. Water pooling on flat roofs. Gutters and downspouts. Standing water in gutters. During long cold periods, ice buildup may occur at the eaves when snow and ice accumulate and gutters and downspouts freeze up. The prevention of ice buildup on the roof is the Owner s responsibility, unless directly related to a Building Code/Bylaw violation. Roof or flashing leaks under normal weather conditions shall be repaired, unless caused by ice buildup, failed maintenance or owner/third party actions. Minor pooling of water on flat roofs is not considered to be a Defect. Gutters and downspouts should be watertight and drain properly. Where downspouts are not connected to a storm sewer, and required by the authority having jurisdiction, extensions or splash pads shall be provided to carry rainwater away from the building. When attached gutters are unobstructed by debris, standing water that exceeds 25mm (1 ) in depth shall be repaired. 8.0 FIREPLACE/CHIMNEYS Where built-in gutters are unobstructed by debris, standing water that exceeds 50mm (2 ) in depth shall be repaired. 8.1 Fireplace/ Chimneys Fireplace or chimney does not draw properly. Chimney separation from main structure. Firebox paint marred by fire. Cracked firebrick and mortar joints. Fireplaces and chimneys should function properly. Negative draft situations can be caused by high winds or obstructions such as large branches of trees too close to the chimney. Some New Homes may need to have a window open slightly to create an effective draft if the home is airtight. Chimneys will often separate slightly from the structure of the New Home. Separation that exceeds 12mm (1/2 ) from the main structure in any 3-meter (10 ) vertical measurement shall be repaired. Heat from fires may alter paint finishes. This is not considered a Defect. Heat and flames from fires may cause minor cracking of firebrick or mortar joints. This is not 18

20 considered a Defect. However, if the cracks are deemed to be excessive by Travelers Guarantee Company of Canada they shall be repaired. 9.0 PLUMBING 9.1 Plumbing Defective plumbing fixtures, appliances, or trim fittings. Noisy plumbing. Cracking or chipping of plumbing fixtures. Plugged sewers, fixtures and drains. Shower temperature fluctuates when other plumbing fixtures used. Leakage from any piping. Fixtures, appliances, or fittings shall comply with manufacturer s standards. Some normal noise may occur from the plumbing system due to the flow of water. Excessive water hammer shall be repaired. With multi-family units plumbing noise from an adjoining unit is not uncommon, and unless attributable to a Builder supplied Material or Labour Defect is not considered to be a Defect. Chips and cracks on the surface of bathtubs, shower stalls, toilets and sinks can occur when sharp or heavy objects hit the surface. Only Builder supplied Material and Labour Defects will be considered as Defects. Sewer lines, fixtures and drains should operate properly. The Builder and Travelers Guarantee Company of Canada are not responsible for sewers, fixtures, and drains which are clogged due to an Owners negligence. If a problem occurs, the Owner should consult the Builder or Travelers Guarantee Company of Canada for a proper course of action. Where a Builder supplied Material or Labour Defect is shown to be the cause, the Builder will assume responsibility for repair. Where Owner negligence is shown to be the cause, the Owner shall assume all repair costs. The Owner is responsible to ensure that the setting of the water temperature at the hot water/boiler tank is properly adjusted. Excessive temperature fluctuations that may cause bodily harm that are attributable to a Builder supplied Material or Labour Defect, shall be repaired. Travelers Guarantee Company of Canada determines the validity of a complaint based on whether or not the occurrences are excessive, and that decision may be judgmental. No leaks should exist in any part of the plumbing system. Condensation on piping does not constitute leakage and is not a Defect. 19

21 Gaps or lack of sealant between sink flange and counter. The base of the fixture at the junction between the sink and the countertop shall be sealed to prevent the passage of water. 9.2 Freezing of Plumbing Plumbing pipes freeze and/or burst. Freezing of exterior hose bibs. For design winter temperatures, drain, wastes, vents and water supply pipes shall be adequately protected to prevent freezing. Plumbing pipes should be installed on the interior side of a wall or ceiling. It will not be considered to be a warrantable Defect where freezing occurs due to a lack of Owner maintenance or an Owner not maintaining adequate interior heat. Exterior hose bibs and their piping shall be positively sloped for drainage to prevent damage from freezing. The seasonal maintenance/drainage of exterior hose bibs is the Owner s responsibility. Hoses should be disconnected from hose bibs during the winter months so that freezing and damage to the plumbing does not occur HEATING AND COOLING 10.1 Heating Inadequate heating. Rooms over an unheated space are colder than other areas of the home. The heating system for a living space in a New Home shall be capable of producing an inside temperature of 22ºC (72ºF), as measured in the centre of each room at a height of 1500mm (5 ) above the floor, at the outside winter design temperature. The heating system should be capable of maintaining a set temperature in the home. However, variations of greater than 3ºC (5ºF) are considered excessive except when other areas of the home are influenced by solar gains or activities of daily living. The Owner is responsible for maintaining the heating system. With forced air systems the Owner is required to balance heat registers to provide even heat throughout the New Home and to regularly clean air filters and ducts. Rooms over unheated spaces are generally cooler than other areas of the New Home because they are over an unheated area and natural heat flows may not efficiently warm the area. The heating system should be capable of maintaining a set temperature in the home. However, variations of greater than 3ºC 20

22 (5ºF) are considered excessive except when other areas of the New Home are influenced by solar gains or activities of daily living. Construction debris in ductwork. Ductwork shall be free of construction debris Heating (Cont d) Noisy ductwork. When metal is heated, it expands and when it is cooled, it contracts. This may result in ticking or cracking, which is not considered a Defect Air Conditioning Inadequate cooling. Where air conditioning is provided, the cooling system shall be capable of maintaining temperatures as required by the applicable Building Code/Bylaw Excessive Humidity/ Condensation in the New Home Excessive humidity/condensation. Unless directly attributed to a construction fault, humidity/condensation resulting from conditions beyond the Builders control is not a Defect ELECTRICAL 11.1 Electrical Circuit breakers deactivate, tripping. Malfunction of electrical outlets, switches or fixtures. Ground fault interrupter deactivates frequently. Circuit overloading. Excessively loud humming of electrical fixtures which contain ballasts or transformers. Circuit breakers shall not trip under normal usage. The wiring and circuits shall conform with the applicable Electrical Code. All switches, fixtures and outlets shall operate as intended. Ground fault interrupters are sensitive electrical safety devices designed to provide electrical shock caused by grounding. These sensitive devices can be tripped very easily. Ground fault interrupters shall operate as intended. The electrical system shall have sufficient capacity to provide electrical energy for lighting, appliances, outlets and equipment installed in the New Home in accordance with the applicable Electrical Code. Where Owner negligence or misuse is shown to be the cause, the Owner shall be responsible for all repairs. Excessive humming of electrical fixtures is unacceptable. 21

23 12.0 MISCELLANEOUS 12.1 Pooling Water on Decks 12.2 Clothes Dryer Venting Pooling water on exposed exterior decks. Clothes dryer does not dry clothes. Excessive pooling water on an exterior deck is not acceptable. However, some minor areas of water pooling is not uncommon or a Defect. Pooling water exceeding any of the following shall be repaired; a) 6mm (1/4 ) in depth at any location; b) standing water in front of a means of egress to or from a New home (doorways or stairs), that would make such an area unsafe in winter conditions; c) pools of water 3mm (1/8 ) in depth or greater which covers an area of one square meter or greater. The pooling water in question must be a result of rainfall. The dryer venting/ductwork shall be installed and sized such that the Builder supplied dryer works as intended. 22