SECTION 4: Builder’s Responsibilities * 4.1 Construction Defect and Other Definitions (A) Construction defect. The term “construction defect” as used in this warranty means a condition that fails to meet the warranty provided in section 4.2 (A) or 4.2 (B) during the applicable warranty coverage period set forth in that section. However, a construction defect does not include conditions that are caused by a condition or circumstance that is excluded from coverage under this warranty. For example, there is no construction defect if the cause of the defect is the failure to perform maintenance. (B) Component. The term “component” means an item that was incorporated into the construction of your home by us, other than items specifically excluded by this warranty. The term does not include items added by you or anyone other than us, or added to the home after the warranty commencement date, such as improvements to the home or furniture. (C) Fit and finish component. The term “fit and finish component” means cabinets, mirrors, flooring, interior and exterior walls, countertops, paint and trim. (D) Warranty commencement date . The term “warranty commencement date” means the date we initially closed the sale of the home to the first buyer, and that date is stated on the Limited Warranty Validation Form. However, for attached homes the building common elements have a different warranty commencement date as specified in section 9.2.
4.2 Warranty and Coverage Periods
(A) Performance Warranty. We warranty that the components of your home will meet the standards for those components set forth in California Civil Code Section 896, except fit and finish components which are governed by section 4.2(B). If a component is not addressed in California Civil Code Section 896 or section 4.2(B), then we warrant that such component will meet the standard set forth in California Civil Code Section 897. We further warrant that the components of your home will meet such standards from the warranty commencement date until such time as an action can no longer be brought under California Civil Code Section 896 for a component’s failure to comply with an applicable standard. If no such time is set forth in Section 896 for a component’s failure to comply with an applicable standard, then we warrant that the component will meet such applicable standard from the warranty commencement date until such time as an action can no longer be brought under California Civil Code Section 941. The text of California Civil Code Sections 896, 897 and 941 is included with the Master Dispute Resolution Declaration recorded against the home. (B) Fit and Finish Warranty. We warrant for 1 year after the warranty commencement date that the fit and finish of a fit and finish component will meet the standard of quality as measured by acceptable trade practices or applicable industry standards. This fit and finish warranty shall not apply to damage to such fit and finish components caused by defects in other components.
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