Georgia addendum (applicable only if your home is located in Georgia). This dispute settlement provision sets forth the exclusive remedy for all disputes, claims, and controversies unless otherwise provided by law. Indiana addendum (applicable only if your home is located in Indiana). Where the Performance Standards section indicates coverage for “one year,” that coverage term is changed to “two years.” This change does not apply to the fixtures, appliances, or other items of equipment. Where coverage is not applicable, there is no change to the coverage term. Additionally, defects in workmanship and materials in the roof and roof systems of your home are covered for four years. Kansas addendum (applicable only if your home is located in Kansas). THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Nothing set forth in this Limited Warranty is intended to limit the warranties or remedies provided by the Kansas Consumer Protection Act, K.S.A. 50-263 et seq. Maryland addendum (applicable only if your home is located in Maryland). You should contact the New Home Warranty Security Plan personally to verify the existence of your Limited Warranty. Further, you should report any warranty problems which are not promptly resolved by the Builder to the New Home Warranty Security Plan. During the first year of your home’s warranty period, subject to all applicable exclusions contained in this Limited Warranty, where a specific Warranty standard is not specified in the Performance Standards section and a performance guideline applicable to an otherwise covered item is contained in the Residential Construction Performance Guidelines published by the National Association of Home Builders (in effect at the time of the Sales Agreement), that performance guideline shall be used to determine the Builder’s responsibility for the alleged covered defect.
Colorado addendum (applicable only if your home is located in Colorado). The Limitation of Liability set forth as Section 3 of Article II of the Home Protection Plan is applicable only to claims asserting a breach of the Limited Warranty provided by the Home Protection Plan. The Limitation of Liability does not apply to any other claim or action for damages, indemnity, or contribution brought against Builder by the Homeowner to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property, or personal injury caused by a defect in the design or construction of the home which other claims or actions shall be subject to and governed by the Construction Defect Action Reform Act, C.R.S. 13-20-801 et seq., and shall further be subject to the requirement to arbitrate claims as provided in Section 11 of the Purchase Agreement. Except for claims asserting a breach of the Limited Warranty, nothing in this Home Protection Plan or the Limited Warranty is intended to constitute a waiver of, or limitation on, the legal rights, remedies, or damages provided by the Construction Defect Action Reform Act, C.R.S. 13-20-801 et seq., or provided by the Colorado Consumer Protection Act, Article 1 of Title 6, C.R.S., as described in the Construction Defect Action Reform Act, or on the ability to enforce such legal rights, remedies, or damages within the time provided by applicable statutes of limitation or repose.
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