Construction defects happen. And they don’t always happen during normal business hours.
In Section 3.E. of the warranty contract, it defines an emergency as a substantial risk of physical damage to the home or a substantial risk of serious bodily injury to its occupants if the defect is not immediately repaired. If the homeowner believes they have an emergency, their first step is still to notify the builder/seller just as it would be with a “normal” defect. If the homeowner is unable to reach the builder/seller, they must follow the three step process in the warranty contract:
- Make minimal repairs necessary to avoid the emergency until more extensive repairs can be approved by the builder/seller.
- Take reasonable action to mitigate additional damage.
- Report the emergency to the builder/seller and 2-10 HBW the next business day.
2-10 HBW’s Role in Emergency Repairs
It is important to remember 2-10 HBW does not authorize emergency repairs. It is not uncommon for homeowners to contact 2-10 HBW during normal business hours with what they believe is an emergency. If the homeowner has tried and failed to contact the builder/seller, and we are also unsuccessful, the duty of 2-10 HBW is to guide the homeowner to the process in the warranty contract. It is equally important to remember that in order for the emergency repair to be eligible, the applicable warranty coverage must still be active. For example, a burst pipe in year six of the Warranty is not eligible unless it was caused by a qualifying Structural Defect.
