Warranties For Builders And Remodelers
, by Jaffe, David S.Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9780867186338 | 086718633X
- Cover: Paperback
- Copyright: 1/1/2007
Customers expect warranties. You provide them to show you stand behind your work. But are you adequately protecting yourself and your business?
David S. Jaffe is Vice President, Legal Advocacy in the Office of the General Counsel for the National Association of Home Builders in Washington, D.C. where he specializes in industry advocacy with an emphasis on construction law and risk management. Mr. Jaffe focuses on anticipating and identifying legal issues of concern to builders and proactively developing effective legal strategies to help them minimize their liability and improve their business performance. He also oversees NAHB’s Legal Research Program and is the co-author of Contracts and Liability (5th edition) and is the author of Warranties and Disclaimers for Builders and Warranties and Disclaimers for Remodelers and co-author of Warranties for Builders and Remodelers (2nd edition).
David Crump is the Director of Legal Research for NAHB’s Office of the General Counsel. David administers NAHB's Legal Research Program, and provides construction liability guidance on a diverse range of subjects from immigration enforcement to green building liability. His publications include "Contracts and Liability - 5th Edition", “Warranties for Builders and Remodelers – 2nd Edition", and "Copyright Law for Homebuilders". His article, “The Risks and Rewards of Green Building”, was published in the New Jersey Law Journal. David is a graduate of The University of Virginia School of Law, and frequently speaks at NAHB educational programs on housing related legal issues. His 35 plus years of legal experience include 19 years as the municipal attorney for Front Royal, Virginia, and 6 years as General District Court Judge for Virginia's 26th Judicial Circuit.
FELICIA WATSON serves as senior counsel with the National Association of Home Builders (NAHB’s) Office of General Counsel where her practice focuses on construction liability, building materials, and international trade issues. She also assists NAHB and members with compliance and litigation related to the Americans with Disabilities Act, and has written amicus briefs in support of the Association and members concerning the Clean Water Act, construction liability and economic loss claims, standing in Fair Housing Act litigation, and transfer to the Multidistrict Litigation for Chinese drywall insurance coverage. Ms. Watson is the co-author of "Warranties for Builders and Remodelers" published by BuilderBooks, and is a frequent speaker at NAHB educational programs on a variety of legal issues.
Prior to joining NAHB, she practiced law in Washington, D.C. focusing on administrative, regulatory and civil litigation, the Foreign Corrupt Practices Act, and nonjusticiable political questions involving state succession. Ms. Watson also served as a Deputy Prosecuting Attorney prosecuting felony domestic violence cases and providing annual evidentiary training for local law enforcement.
Ms. Watson is admitted to the bars of the District of Columbia, Washington and the U.S. Supreme Court, and a number of federal circuit courts of appeal. She received her J.D. from Gonzaga University School of Law and an LL.M. in International & Comparative Law from Georgetown University Law Center. She also holds a B.A. from Seattle University.
List of Figures | p. v |
Acknowledgments | p. vii |
About the Authors | p. ix |
Introduction | p. xi |
Express Warranties | p. 1 |
Written Versus Oral | p. 1 |
Exclusive Warranty | p. 2 |
Limited Warranty | p. 2 |
Implied Warranties | p. 5 |
Sample Case Law | p. 7 |
Disclaimers | p. 9 |
Disclaimers of Implied Warranties | p. 9 |
Sample Case Law | p. 14 |
The Warranty Document | p. 17 |
Sample Warranty Forms | p. 20 |
Claims Procedures | p. 37 |
Be Proactive in Approaching Your Building Project | p. 38 |
Establish and Implement Best Practices | p. 38 |
Construction Performance Guidelines | p. 40 |
Notice and Opportunity to Repair (NOR) Legislation | p. 41 |
Common Components of NOR Legislation | p. 41 |
States Without NOR Legislation | p. 44 |
Alternative Dispute Resolution | p. 55 |
Mediation | p. 55 |
Arbitration | p. 56 |
Statutory Warranties | p. 61 |
California, Cal. Civil Code [section] 895-[section] 945.5 | p. 61 |
Connecticut, Conn. Gen. Stat. Ann. [section] 47-116-[section] 47-121 | p. 62 |
Indiana, Ind. Code [section] 32-27-2-1-[section] 32-27-2-11 | p. 63 |
Louisiana, La. Rev. Stat. Ann. [section] 9:3141-[section] 9:3150 | p. 63 |
Maine, Me. Rev. Stat. Ann. [section]1487(10.) | p. 64 |
Maryland, Md. Code Ann., Real Prop. [section] 10-604-[section] 10-610 | p. 64 |
Minnesota, Minn. Stat. [section] 327A.01-[section] 327A.08 | p. 65 |
Mississippi, Miss. Code [section] 83-58-1-[section] 83-58-17 | p. 65 |
New Jersey, N.J. Stat. Ann. [section] 46:3B-1-46:3B-20 | p. 66 |
New York, N.Y. Gen. Bus. [section] 777-[section] 777(b) | p. 66 |
Texas, Tx. Property Code [section] 430.001-[section] 430.011 and Tx. Administrative Code [section] 304.1-[section] 304.3 | p. 67 |
Virginia, Va. Code Ann. [section] 55-70.1 | p. 68 |
Warranties Mandated by HUD | p. 71 |
The Magnuson-Moss Warranty Act | p. 73 |
Statutes of Repose Applicable to Construction Claims by State | p. 79 |
Cases and Statutes, State by State | p. 87 |
Glossary | p. 135 |
Resources | p. 139 |
Organizations | p. 139 |
Publications | p. 140 |
Index | p. 143 |
Table of Contents provided by Ingram. All Rights Reserved. |
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